Saturday, March 17, 2012

Proofs needed to recover property - G.R. No. 175025

G.R. No. 175025

"x x x.


Article 434 of the Civil Code provides that “[i]n an action to recover, the property must be identified, and the plaintiff must rely on the strength of his title and not on the weakness of the defendant’s claim.”  In other words, in order to recover possession, a person must prove (1) the identity of the land claimed, and (2) his title.[58]

In this case, respondent Barangan was able to prove the identity of the property and his title.  To prove his title to the property, he presented in evidence the following documents: (1) Land Purchase Agreement;[59] (2) Deed of Absolute Sale;[60] (3) and aTorrens title registered under his name, TCT No. N-10772.[61]  To prove the identity of the property, he offered the testimonies of Engr. Jonco, who conducted the relocation survey,[62] and Estardo, the caretaker of the subdivision, who showed respondent Barangan the exact location of the subject property.[63]  He likewise submitted as evidence the Verification Survey Plan of Lot 11, Block 5,   (LRC) Psd-60846, which was plotted based on the technical description appearing on respondent Barangan’s title.[64]
 x x x."