SECOND DIVISION

[G.R. No. 198356. April 20, 2015].

ESPERANZA SUPAPO and the HEIRS OF ROMEO SUPAPO, namely:

ESPERANZA, REX EDWARD, RONALD TROY, ROMEO, JR., SHEILA
LORENCE, all surnamed SUPAPO, and SHERYL FORTUNE SUPAPO-
SANDIGAN , petitioners, vs. SPOUSES ROBERTO and SUSAN DE
JESUS, MACARIO BERNARDO, and THOSE PERSONS CLAIMING
RIGHTS UNDER THEM , respondents.

DECISION

BRION , J : p

We resolve the petition for review on certiorari 1 led by petitioners Esperanza

Supapo and Romeo Supapo 2 (Spouses Supapo) to assail the February 25, 2011
decision 3 and August 25, 2011 resolution 4 of the Court of Appeals (CA) in CA-G.R. SP
No. 111674.
Factual Antecedents
The Spouses Supapo led a complaint 5 for accion publiciana against Roberto
and Susan de Jesus (Spouses de Jesus), Macario Bernardo (Macario), and persons
claiming rights under them (collectively, the respondents), with the Metropolitan Trial
Court (MeTC) of Caloocan City.
The complaint sought to compel the respondents to vacate a piece of land
located in Novaliches, Quezon City, described as Lot 40, Block 5 ( subject lot). The
subject lot is covered by Transfer Certi cate of Title ( TCT) No. C-28441 6 registered
and titled under the Spouses Supapo's names. The land has an assessed value of thirty-
nine thousand nine hundred eighty pesos (P39,980.00 ) as shown in the Declaration of
Real Property Value (tax declaration) issued by the O ce of the City Assessor of
Caloocan. 7
The Spouses Supapo did not reside on the subject lot. They also did not employ
an overseer but they made sure to visit at least twice a year. 8 During one of their visits
in 1992, they saw two (2) houses built on the subject lot. The houses were built without
their knowledge and permission. They later learned that the Spouses de Jesus
occupied one house while Macario occupied the other one. 9
The Spouses Supapo demanded from the respondents the immediate surrender
of the subject lot by bringing the dispute before the appropriate Lupong
Tagapamayapa. The Lupon issued a Katibayan Upang Makadulog sa Hukuman
(certificate to file action) for failure of the parties to settle amicably. 10
The Spouses Supapo then led a criminal case 11 against the respondents for
violation of Presidential Decree No. 772 or the Anti-Squatting Law. 12 The trial court
convicted the respondents. The dispositive portion of the decision reads:
WHEREFORE, in view of all the foregoing, this Court nds accused
ROBERTO DE JESUS, SUSAN DE JESUS and MACARIO BERNARDO, GUILTY
beyond reasonable doubt for Violation of Presidential Decree No. 772, and each
CD Technologies Asia, Inc. © 2018 cdasiaonline.com
 accused is hereby ordered to pay a ne of ONE THOUSAND PESOS (P1,000.00),
and to vacate the subject premises .
SO ORDERED. 13 (Emphasis supplied.)
The respondents appealed their conviction to the CA. 14 While the appeal was
pending, Congress enacted Republic Act (RA) No. 8368, otherwise known as "An Act
Repealing Presidential Decree No. 772," which resulted to the dismissal of the criminal
case. 15
On April 30, 1999, the CA's dismissal of the criminal case became final. 16
Notwithstanding the dismissal, the Spouses Supapo moved for the execution of
the respondents' civil liability, praying that the latter vacate the subject lot. The Regional
Trial Court (RTC) granted the motion and issued the writ of execution. The respondents
moved for the quashal of the writ but the RTC denied the same. The RTC also denied
the respondents' motion for reconsideration.
The respondents thus led with the CA a petition for certiorari to challenge the
RTC's orders denying the quashal of the writ and the respondent's motion for
reconsideration. 17 The CA granted the petition and held that with the repeal of the Anti-
Squatting Law, the respondents' criminal and civil liabilities were extinguished. 18 The
dispositive portion of the decision reads:
WHEREFORE, premises considered, the petition for certiorari with prayer
for injunction is GRANTED . The orders dated June 5, 2003 and July 24, 2003 of
Branch 131 of the Regional Trial Court of Caloocan City in Criminal Case No. C-
45610 are REVERSED and SET ASIDE . Said court is hereby permanently
ENJOINED from further executing or implementing its decision dated March
18, 1996.
SO ORDERED.
The CA, however, underscored that the repeal of the Anti-Squatting Law does not
mean that people now have unbridled license to illegally occupy lands they do not own,
and that it was not intended to compromise the property rights of legitimate
landowners. 19 In cases of violation of their property rights, the CA noted that recourse
may be had in court by filing the proper action for recovery of possession.
The Spouses Supapo thus filed the complaint for accion publiciana. 20
After ling their Answer, 21 the respondents moved to set their a rmative
defenses for preliminary hearing 22 and argued that: (1) there is another action pending
between the same parties; (2) the complaint for accion publiciana is barred by statute
of limitations; and (3) the Spouses Supapo's cause of action is barred by prior
judgment.
The MeTC Ruling 23

The MeTC denied the motion to set the a rmative defenses for preliminary
hearing. It ruled that the arguments advanced by the respondents are evidentiary in
nature, which at best can be utilized in the course of the trial. The MeTC likewise denied
the respondents' motion for reconsideration.
From the MeTC's ruling, the respondents led a petition for certiorari with the
RTC. 24
The RTC Ruling 25

The RTC granted the petition for certiorari on two grounds, viz.: (i) the action has
CD Technologies Asia, Inc. © 2018 cdasiaonline.com
 prescribed; and (ii) accion publiciana falls within the exclusive jurisdiction of the RTC.
It held that in cases where the only issue involved is possession, the MeTC has
jurisdiction if the action for forcible entry or unlawful detainer is led within one (1) year
from the time to demand to vacate was made. Otherwise, the complaint for recovery of
possession should be filed before the RTC.
The dispositive portion of the RTC decision reads:
WHEREFORE, premises considered, the instant petition is hereby
GRANTED .
The Orders dated October 24, 2008 and February 23, 2009 are hereby
declared NULL and VOID .
The Public Respondent is hereby directed to DISMISS Civil Case No. 08-
29245 for lack of jurisdiction .
SO ORDERED. 26
In their motion for reconsideration, 27 the Spouses Supapo emphasized that the
court's jurisdiction over an action involving title to or possession of land is determined
by its assessed value; that the RTC does not have an exclusive jurisdiction on all
complaints for accion publiciana; and that the assessed value of the subject lot falls
within MeTC's jurisdiction.
The RTC denied the petitioners' motion for reconsideration.
It held that although the MeTC had jurisdiction based on the assessed value of
the subject lot, the Spouses Supapos' cause of action had already prescribed, the
action having been led beyond the ten (10)-year prescriptive period under Article 555
of the Civil Code. 28 As it was not proven when the actual demand to vacate was made,
the RTC ruled that the reckoning period by which the ejectment suit should have been
led is counted from the time the certi cate to le action was issued. The certi cate to
le action was issued on November 25, 1992, while the complaint for accion publiciana
was filed only on March 7, 2008, or more than ten (10) years thereafter.
Dissatisfied with the RTC ruling, the Spouses Supapo appealed to the CA. 29
The CA Ruling 30

The CA dismissed the appeal and held that the complaint for accion publiciana
should have been lodged before the RTC and that the period to le the action had
prescribed.
The dispositive portion of the CA decision reads:
WHEREFORE , the appeal is DENIED . The Decision dated June 30, 2009
and Order dated October 19, 2009 are AFFIRMED .
SO ORDERED .
The Spouses Supapo moved 31 but failed 32 to secure a reconsideration of the
CA decision; hence, they came to us through the present petition.
The Petition
In seeking reversal of the CA's ruling, the Spouses Supapo essentially argue that:
(1) the MeTC exercises exclusive original jurisdiction over accion publiciana
where the assessed value of the property does not exceed P20,000.00, or
P50,000.00 if the property is located in Metro Manila; and that
CD Technologies Asia, Inc. © 2018 cdasiaonline.com
 (2) prescription had not yet set in because their cause of action is
imprescriptible under the Torrens system.
The Respondents' Case 33
The respondents argue that the complaint for accion publiciana was (1) led in
the wrong court; (2) barred by prescription; and (3) barred by res judicata.
Issues
The issues for resolution are:
I. Whether the MeTC properly acquired jurisdiction;
II. Whether the cause of action has prescribed; and
III. Whether the complaint for accion publiciana is barred by res judicata.
Our Ruling
The petition is meritorious.
We hold that: (1) the MeTC properly acquired jurisdiction; (2) the cause of action
has not prescribed; and (3) the complaint is not barred by res judicata.
Accion Publiciana and
the Jurisdiction of the
MeTC
Accion publiciana is an ordinary civil proceeding to determine the better right of
possession of realty independent of title. It refers to an ejectment suit led after the
expiration of one year from the accrual of the cause of action or from the unlawful
withholding of possession of the realty. 34
In the present case, the Spouses Supapo led an action for the recovery of
possession of the subject lot but they based their better right of possession on a claim
of ownership.
This Court has held that the objective of the plaintiffs in accion publiciana is to
recover possession only, not ownership. However, where the parties raise the issue of
ownership, the courts may pass upon the issue to determine who between the parties
has the right to possess the property. 35
This adjudication is not a nal determination of the issue of ownership; it is only
for the purpose of resolving the issue of possession, where the issue of ownership is
inseparably linked to the issue of possession. The adjudication of the issue of
ownership, being provisional, is not a bar to an action between the same parties
involving title to the property. The adjudication, in short, is not conclusive on the issue
of ownership. 36
Thus, while we will dissect the Spouses Supapo's claim of ownership over the
subject property, we will only do so to determine if they or the respondents should have
the right of possession.
Having thus determined that the dispute involves possession over a real
property, we now resolve which court has the jurisdiction to hear the case.
Under Batas Pambansa Bilang 129, 37 the jurisdiction of the RTC over actions
involving title to or possession of real property is plenary. 38
RA No. 7691, 39 however, divested the RTC of a portion of its jurisdiction and
granted the Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial
CD Technologies Asia, Inc. © 2018 cdasiaonline.com
 Courts the exclusive and original jurisdiction to hear actions where the assessed value
of the property does not exceed Twenty Thousand Pesos (P20, 000.00 ), or Fifty
Thousand Pesos (P50,000.00 ), if the property is located in Metro Manila.
Section 1 of RA No. 7691 states:
Section 1. Section 19 of Batas Pambansa Blg. 129, otherwise known as
the "Judiciary Reorganization Act of 1980," is hereby amended to read as
follows:
Section 19. Jurisdiction in civil cases. — Regional Trial
Courts shall exercise exclusive original jurisdiction :
(2) In all civil actions which involve the title to, or
possession of, real property, or any interest therein, where the
assessed value of the property involved exceeds Twenty
thousand pesos (P20,000.00) or, for civil actions in Metro
Manila, where such value exceeds Fifty thousand pesos
(P50,000.00 ) . . . . (Emphasis supplied.)
Section 3 of the same law provides:
Section 3. Section 33 of the same law is hereby amended to read as
follows:
Section 33. Jurisdiction of Metropolitan Trial Courts, Municipal Trial
Courts and Municipal Circuit Trial Courts in Civil Cases . — Metropolitan Trial
Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts shall
exercise :
xxx xxx xxx
(3) Exclusive original jurisdiction in all civil actions which involve title to,
o r possession of, real property, or any interest therein where the assessed
value of the property or interest therein does not exceed Twenty
thousand pesos (P20,000.00) or, in civil actions in Metro Manila,
where such assessed value does not exceed Fifty thousand pesos
(P50,000.00) exclusive of interest, damages of whatever kind, attorney's fees,
litigation expenses and costs . . . . (Emphasis supplied.)
In view of these amendments, jurisdiction over actions involving title to or
possession of real property is now determined by its assessed value . 40 The
assessed value of real property is its fair market value multiplied by the assessment
level. It is synonymous to taxable value. 41
In Quinagoran v. Court of Appeals, 42 we explained:
[D]oes the RTC have jurisdiction over all cases of recovery of possession
regardless of the value of the property involved?
The answer is no. The doctrine on which the RTC anchored its denial of
petitioner's Motion to Dismiss, as a rmed by the CA — that all cases of
recovery of possession or accion publiciana lies with the regional trial courts
regardless of the value of the property — no longer holds true. As things now
stand, a distinction must be made between those properties the
assessed value of which is below P20,000.00, if outside Metro Manila;
and P50,000.00, if within . 43 (Emphasis supplied.)
In this regard, the complaint must allege the assessed value of the real property
subject of the complaint or the interest thereon to determine which court has
jurisdiction over the action. This is required because the nature of the action and the
CD Technologies Asia, Inc. © 2018 cdasiaonline.com
 court with original and exclusive jurisdiction over the same is determined by the
material allegations of the complaint, the type of relief prayed for by the plaintiff, and
the law in effect when the action is led, irrespective of whether the plaintiffs are
entitled to some or all of the claims asserted therein. 44
In the present case, the Spouses Supapo alleged that the assessed value of the
subject lot, located in Metro Manila, is P39,980.00. This is proven by the tax declaration
45 issued by the O ce of the City Assessor of Caloocan. The respondents do not deny
the genuineness and authenticity of this tax declaration.
Given that the Spouses Supapo duly complied with the jurisdictional
requirements, we hold that the MeTC of Caloocan properly acquired jurisdiction over
the complaint for accion publiciana.
The cause of action has
not prescribed
The respondents argue that the complaint for accion publiciana is dismissible for
being filed out of time.
They invoke Article 555 of the Civil Code, which states:
Art. 555. A possessor may lose his possession:
xxx xxx xxx
(4) By the possession of another, subject to the provisions of Article 537,
if the new possession has lasted longer than one year . But the real
right of possession is not lost till after the lapse of ten years .
(Emphasis supplied.)
The respondents point out that the Spouses Supapo led the complaint for
accion publiciana on March 7, 2008 or more than ten (10) years after the certi cate to
le action was issued on November 25, 1992. The respondents contend that the
Spouses Supapo may no longer recover possession of the subject property, the
complaint having been filed beyond the period provided by law.
Further, while the respondents concede that the Spouses Supapo hold a TCT
over the subject property, and assuming a Torrens title is imprescriptible and
indefeasible, they posit that the latter have lost their right to recover possession
because of laches.
On their part, the Spouses Supapo admit that they led the complaint for accion
publiciana more than ten (10) years after the certi cate to le action was issued.
Nonetheless, they argue that their cause of action is imprescriptible since the subject
property is registered and titled under the Torrens system.
We rule that the Spouses Supapo's position is legally correct.
At the core of this controversy is a parcel of land registered under the Torrens
system. The Spouses Supapo acquired the TCT on the subject lot in 1979. 46
Interestingly, the respondents do not challenge the existence, authenticity and
genuineness of the Supapo's TCT . 47
In defense, the respondents rest their entire case on the fact that they have
allegedly been in actual, public, peaceful and uninterrupted possession of the subject
property in the concept of an owner since 1992. The respondents contend that they
built their houses on the subject lot in good faith. Having possessed the subject lot for
more than ten (10) years, they claim that they can no longer be disturbed in their
CD Technologies Asia, Inc. © 2018 cdasiaonline.com
 possession. 48
Under the undisputed facts of this case, we nd that the respondents'
contentions have no legal basis.
In a long line of cases, we have consistently ruled that lands covered by a title
cannot be acquired by prescription or adverse possession . We have also held
that a claim of acquisitive prescription is baseless when the land involved is a
registered land because of Article 1126 49 of the Civil Code in relation to Act 496 [now,
Section 47 of Presidential Decree (PD) No. 1529 50 ]. 51
The Spouses Supapo (as holders of the TCT) enjoy a panoply of bene ts under
the Torrens system. The most essential insofar as the present case is concerned is
Section 47 of PD No. 1529 which states:
Section 47. Registered land not subject to prescriptions. — No title to
registered land in derogation of the title of the registered owner shall be
acquired by prescription or adverse possession.
In addition to the imprescriptibility, the person who holds a Torrens Title over a
land is also entitled to the possession thereof. 52 The right to possess and occupy the
land is an attribute and a logical consequence of ownership. 53 Corollary to this rule is
the right of the holder of the Torrens Title to eject any person illegally occupying their
property. Again, this right is imprescriptible. 54
In Bishop v. CA , 55 we held that even if it be supposed that the holders of the
Torrens Title were aware of the other persons' occupation of the property, regardless
of the length of that possession , the lawful owners have a right to demand the
return of their property at any time as long as the possession was unauthorized or
merely tolerated, if at all. 56
Even if the defendant attacks the Torrens Title because of a purported sale or
transfer of the property, we still rule in favor of the holder of the Torrens Title if the
defendant cannot adduce, in addition to the deed of sale, a duly-registered certi cate of
title proving the alleged transfer or sale.
A case in point is Umpoc v. Mercado 57 in which we gave greater probative
weight to the plaintiff's TCT vis-à-vis the contested unregistered deed of sale of the
defendants. Unlike the defendants in Umpoc, however, the respondents did not adduce
a single evidence to refute the Spouses Supapo's TCT. With more reason therefore that
we uphold the indefeasibility and imprescriptibility of the Spouses Supapo's title.
By respecting the imprescriptibility and indefeasibility of the Spouses Supapo's
TCT, this Court merely recognizes the value of the Torrens System in ensuring the
stability of real estate transactions and integrity of land registration.
We reiterate for the record the policy behind the Torrens System, viz.:
The Government has adopted the Torrens system due to its being the
most effective measure to guarantee the integrity of land titles and to protect
their indefeasibility once the claim of ownership is established and recognized.
If a person purchases a piece of land on the assurance that the seller's title
thereto is valid, he should not run the risk of being told later that his acquisition
was ineffectual after all, which will not only be unfair to him as the purchaser,
but will also erode public con dence in the system and will force land
transactions to be attended by complicated and not necessarily conclusive
investigations and proof of ownership. The further consequence will be that
land conflicts can be even more abrasive, if not even violent. 58
CD Technologies Asia, Inc. © 2018 cdasiaonline.com
 With respect to the respondents' defense 59 of laches, su ce it to say that the
same is evidentiary in nature and cannot be established by mere allegations in the
pleadings. 60 In other words, the party alleging laches must adduce in court evidence
proving such allegation. This Court not being a trier of facts cannot rule on this issue;
especially so since the lower courts did not pass upon the same.
Thus, without solid evidentiary basis, laches cannot be a valid ground to deny the
Spouses Supapo's petition. 61 On the contrary, the facts as culled from the records
show the clear intent of the Spouses Supapo to exercise their right over and recover
possession of the subject lot, viz.: (1) they brought the dispute to the appropriate
Lupon; (2) they initiated the criminal complaint for squatting; and (3) nally, they led
the accion publiciana. To our mind, these acts negate the allegation of laches.
With these as premises, we cannot but rule that the Spouses Supapo's right to
recover possession of the subject lot is not barred by prescription.
The action is not barred
by prior judgment
As a last-ditch effort to save their case, the respondents invoke res judicata. They
contend that the decision of the CA in CA-G.R. SP No. 78649 barred the ling of the
accion publiciana.
To recall, CA-G.R. SP No. 78649 is the petition for certiorari led by the
respondents to challenge the RTC's issuance of the writ enforcing their civil liability ( i.e.,
to vacate the subject property) arising from their conviction under the Anti-Squatting
Law. The CA granted the petition and permanently enjoined the execution of the
respondents' conviction because their criminal liability had been extinguished by the
repeal of the law under which they were tried and convicted. It follows that their civil
liability arising from the crime had also been erased.
The respondents' reliance on the principle of res judicata is misplaced.
Res judicata embraces two concepts: (1) bar by prior judgment as enunciated in
Rule 39, Section 47 (b) of the Rules of Civil Procedure; and (2) conclusiveness of
judgment in Rule 39, Section 47 (c). 62
"Bar by prior judgment" means that when a right or fact had already been
judicially tried on the merits and determined by a court of competent jurisdiction, the
nal judgment or order shall be conclusive upon the parties and those in privity with
them and constitutes an absolute bar to subsequent actions involving the same claim,
demand or cause of action. 63
The requisites 64 for res judicata under the concept of bar by prior judgment are:
(1) The former judgment or order must be final;
(2) It must be a judgment on the merits;
(3) It must have been rendered by a court having jurisdiction over the subject
matter and the parties; and
(4) There must be between the rst and second actions, identity of
parties, subject matter, and cause of action .
Res judicata is not present in this case.
While requisites one to three may be present, it is obvious that the n there is no
identity of subject matter, parties and causes of action between the criminal case
prosecuted under the Anti-Squatting Law and the civil action for the recovery of the
CD Technologies Asia, Inc. © 2018 cdasiaonline.com
 subject property.
First , there is no identity of parties . The criminal complaint, although
initiated by the Spouses Supapo, was prosecuted in the name of the people of the
Philippines. The accion publiciana, on the other hand, was led by and in the name of
the Spouses Supapo.
Second , there is no identity of subject matter . The criminal case involves
the prosecution of a crime under the Anti-Squatting Law while the accion publiciana is
an action to recover possession of the subject property.
And third , there is no identity of causes of action . The people of the
Philippines led the criminal case to protect and preserve governmental interests by
prosecuting persons who violated the statute. The Spouses Supapo led the accion
publiciana to protect their proprietary interests over the subject property and recover
its possession.
Even casting aside the requirement of identity of causes of action, the defense of
res judicata has still no basis.
The concept of "conclusiveness of judgment" does not require that there is
identity of causes of action provided that there is identity of issues and identity of
parties. 65
Under this particular concept of res judicata, any right, fact, or matter in issue
directly adjudicated or necessarily involved in the determination of an action before a
competent court in which judgment is rendered on the merits is conclusively settled by
the judgment therein and cannot again be litigated between the parties and their privies,
whether or not the claim, demand, purpose, or subject matter of the two actions is the
same. 66
As already explained, there is no identity of parties between the criminal
complaint under the Anti-Squatting law and the civil action for accion publiciana. For
this reason alone, "conclusiveness of judgment" does not apply.
Even if we assume, for the sake of argument, that there is identity of parties,
"conclusiveness of judgment" still does not apply because there is no identity of issues.
The issue in the criminal case is whether the respondents (accused therein) committed
the crime alleged in the information, while the only issue in accion publiciana is whether
the Spouses Supapo have a better right than the respondents to possess and occupy
the subject property.
For all these reasons, the defense of res judicata is baseless.
Final Note
As a nal note, we stress that our ruling in this case is limited only to the issue of
determining who between the parties has a better right to possession. This
adjudication is not a nal and binding determination of the issue of ownership. As such,
this is not a bar for the parties or even third persons to le an action for the
determination of the issue of ownership.
WHEREFORE , premises considered, we GRANT the petition, and consequently
REVERSE and SET ASIDE the February 25, 2011 decision and August 25, 2011
resolution of the Court of Appeals in CA-G.R. SP No. 111674.
SO ORDERED .
Carpio, Del Castillo, Mendoza and Leonen, JJ., concur.
CD Technologies Asia, Inc. © 2018 cdasiaonline.com
 Footnotes
1. Rollo, pp. 8-28. The petition is filed under Rule 45 of the Rules of Court.
2. Romeo Supapo is now deceased and substituted by his heirs Rex Edward, Ronald Troy,
Romeo, Jr., Sheila Lorence, all surnamed Supapo, and Sheryl Fortune Supapo-
Sandigan.
3. Rollo, pp. 30-40. Associate Justice Romeo F. Barza penned the assailed decision, and
concurred in by Associate Justices Ramon R. Garcia and Florito S. Macalino.
4. Id. at 42-43.
5. Id. at 62-66. The complaint filed on March 7, 2008 was docketed as Civil Case No. 08-
29245 and raffled to Branch 52, MeTC, Caloocan City.
6. Id. at 327.
7. Id. at 328.
8. Id. at 63.

9. Id.
10. Id. at 329.
11. The case docketed as Criminal Case No. C-45610 was raffled to the Regional Trial Court
of Caloocan City, Branch 131.
12. Penalizing Squatting and Other Similar Acts dated August 20, 1975.
13. Rollo, p. 335.
14. The appeal was docketed as CA-G.R. No. 19538 and raffled to the 8th Division.

15. Rollo, pp. 337-350.

16. Id. at 351. As shown in the Entry of Judgment.
17. The case was docketed as CA-G.R. SP. No. 78649 and raffled to the 4th Division.
18. Rollo, pp. 353-357.
19. Citing the decision of this Court in Tuates v. Judge Bersamin, G.R. No. 138962, October 4,
2002, 390 SCRA 458 (2002).
20. Rollo, p. 25.

21. Id. at 93-101.

22. Id. at 115-116.
23. Id. at 139 and 147-148.
24. Id. at 149-160. Docketed as C-960 and filed under Rule 65 of the Rules of Court with
prayer for temporary restraining order and/or preliminary injunction.
25. Id. at 276-279. The decision was promulgated on June 30, 2009.
26. Id. at 279.

27. Id. at 280-284.

CD Technologies Asia, Inc. © 2018 cdasiaonline.com
 28. Art. 555. A possessor may lose his possession:
xxx xxx xxx
(4) By the possession of another, subject to the provisions of Article 537, if the new
possession has lasted longer than one year. But the real right of possession is not
lost till after the lapse of ten years.

29. Rollo, pp. 298-310. The Spouses Supapo reiterated in their appeal arguments previously
raised in the RTC.

30. Supra notes 2 and 3.

31. Rollo, pp. 50-60.
32. Supra note 3.
33. Rollo, pp. 361-365.
34. Vda. de Aguilar v. Alfaro, G.R. No. 164402, July 5, 2010, 623 SCRA 130, 140.

35. Id.
36. Id.
37. Entitled "An Act Reorganizing the Judiciary, Appropriating Funds Therefor, and For Other
Purposes" approved on August 14, 1981.

38. Abrin v. Campos, G.R. No. 52740, November 12, 1991, 203 SCRA 420, 424.
39. "An Act Expanding the Jurisdiction of the Metropolitan Trial Courts, Municipal Trial Courts,
and Municipal Circuit Trial Courts, Amending for the Purpose Batas Pambansa Blg.
129, Otherwise known as the "Judiciary Reorganization Act of 1980." Approved
March 25, 1994.
40. See Ouano v. PGTT International Investment, 434 Phil. 28 (2002); Hilario v. Salvador, 497
Phil. 327 (2005); Heirs of Sebe v. Heirs of Sevilla, 618 Phil. 395 (2009); Padre v.
Badillo, G.R. No. 165423, January 19, 2011, 640 SCRA 50, 66.
41. Hilario v. Salvador, supra note 40; BF Citiland Corp. v. Otake, G.R. No. 173351; July 29,
2010, 220 SCRA 220, 229.

42. 557 Phil. 650, 657 (2007).

43. Id.
44. Id.

45. Supra note 7.

46. Supra note 6. The Registered of Deeds of Caloocan issued the TCT on October 15, 1979.
47. Rollo, pp. 96-97 (Pages 3 and 4 of Spouses de Jesus' answer to the complaint for accion
publiciana). The respondents merely note that there is allegedly a pending case in
which the Republic of the Philippines filed an action against the Spouses Supapo's
predecessor-in-interest to annul the latter's derivative title.
48. Id.

49. Article 1126 of the Civil Code provides:

CD Technologies Asia, Inc. © 2018 cdasiaonline.com
 Art. 1126. Against a title recorded in the Registry of Property, ordinary prescription of
ownership or real rights shall not take place to the prejudice of a third person, except
in virtue of another title also recorded; and the time shall begin to run from the
recording of the latter.
50. Amending and Codifying the Laws Relative to Registration of Property and for Other
Purposes, dated June 11, 1978.

51. Spouses Ragudo v. Fabella Estate Tenants Association, Inc., 503 Phil. 751, 763 (2005).
52. Supra note 34.

53. See Articles 427 and 428 of the Civil Code.

54. Bishop v. CA, G.R. No. 86787, May 8, 1992, 208 SCRA 636, 641.
55. Id.

56. See Arroyo v. BIDECO , G.R. No. 167880, November 14, 2012, 685 SCRA 430; Labrador v.
Perlas, G.R. No. 173900, August 9, 2010, 627 SCRA 265, Tolentino v. Laurel , G.R. No.
181368, February 22, 2012, 666 SCRA 561; Ungria v. CA , G.R. No. 165777, July 25,
2011, 654 SCRA 314. See also Tuason v. Bolaños , 95 Phil. 106 (1954); Vda. de
Recinto v. Inciong, G.R. No. L-26083, May 31, 1977, 77 SCRA 196; and J.M. Tuason &
Co., Inc. vs. Court of Appeals, G.R. No. L-41233, November 21, 1979, 93 SCRA 146.
57. 490 Phil. 118, 135 (2005).
58. Casimiro Dev't. Corp. v. Mateo, G.R. No. 175485, July 27, 2011, 654 SCRA 676, 686.

59. Rollo, p. 364.

60. Unguria v. CA, supra note 56.

61. Id., citing Macababbad, Jr. v. Masirag, G.R. No. 161237, January 14, 2009, 576 SCRA 70,
87.

62. SSS v. Rizal Poultry and Livestock Association, Inc. , 650 Phil. 50, 56 (2011), citing Rizal
Commercial Banking Corporation v. Royal Cargo Corporation , G.R. No. 179756,
October 2, 2009, 602 SCRA 545, 557.

63. Estate of Sotto v. Palicte, et al. , 587 Phil. 586 (2008), citing Heirs of Pan lo F. Abalos v.
Bucal, 569 Phil. 582 (2008); Anillo v. Commission on the Settlement of Land
Problems, 560 Phil. 499 (2007); Presidential Commission on Good Government v.
Sandiganbayan, 556 Phil. 664 (2007).
64. Heirs of Marcelino Doronio v. Heirs of Fortunato Doronio , 565 Phil. 766 (2007); Estate of
the Late Jesus Yujuico v. Republic , 563 Phil. 92 (2007); Estate of the Late
Encarnacion Vda. de Panlilio v. Dizon, 562 Phil. 519 (2007); PCI Leasing & Finance,
Inc. v. Dai, 560 Phil. 84 (2007).
65. Supra note 62, citing Noceda v. Arbizo-Directo , G.R. No. 178495, 26 July 2010, 625 SCRA
472, 479.

66. Id., citing Antonio v. Sayman Vda. de Monje, 646 Phil. 90, 99 (2010).

n Note from the Publisher: Copied verbatim from the official copy.

CD Technologies Asia, Inc. © 2018 cdasiaonline.com