G.R. No. L-35702 (May 29, 1973)
Topics: Right or title to the land; Persons cannot acquire by purchase even at a public or judicial auction, either in person or through the petition of another
Summary:
Lawyer Domingo Rubias filed a lawsuit on August 31, 1964, seeking to reclaim ownership and control of a section of a lot in Iloilo. Isaias Batiller asserts that he and his predecessors-in-interest have always been in actual, open, and continuous possession.
Plaintiff’s father-in-law sold the property to him for P2,000.00 in 1956, when Francisco Militante’s application to register it had already been denied by the Iloilo land registration court. Article 1491 of our Civil Code prohibits certain persons from acquiring such property in their trust or control.
Doctrines:
Article 1491 of our Civil Code (like Article 1459 of the Spanish Civil Code) prohibits in its six paragraphs certain persons,by reason of the relation of trust or their peculiar control over the property, from acquiring such property in their trust or control either directly or indirectly; even at a public or judicial auction; as follows: (1) guardians; (2) agents; (3) administrators; (4)public officers and employees; judicial officers and employees, prosecuting attorneys, andlawyers; and (6) others especially disqualified by law.
Facts:
Lawyer Domingo Rubias filed a lawsuit on August 31, 1964, seeking to reclaim ownership and control of a section of a lot in Barotac Viejo, Iloilo, which he had purchased from his father-in-law Francisco Militante in 1956. Isaias Batiller, who was living on the property, invaded the areas of the lot twice illegally: in 1945 and 1959. Rubias also requested compensation for losses and legal costs. In contrast, Batiller asserts in his response that he and his predecessors-in-interest have always been in actual, open, and continuous possession under claim and ownership of the disputed portions of the property since the beginning of time. Batiller asserts that the accusations have caused him to incur moral losses of P2,000 and P500 in legal costs.
Issue:
What is the status of the sale?
Ruling:
Plaintiff’s lack of a cause of action was undeniably proved by the agreed facts and record exhibits, which supported the complaint’s complete dismissal.
Because Francisco Militante, the plaintiff’s father-in-law, sold the property to him for P2,000.00 in 1956, when Militante’s application to register it had already been denied by the Iloilo land registration court and was still being appealed in the Court of Appeals, the plaintiff was able to establish his claim to ownership of the property.
There was therefore no right or title to the land that could be transferred or sold as a result of Militante’s alleged sale to the plaintiff in 1956. Therefore, it was obvious that the plaintiff’s case against the defendant requesting to be proclaimed the sole owner of the land and to be granted control of it again while paying damages lacked any factual or legal support.
Article 1491 of our Civil Code (like Article 1459 of the Spanish Civil Code) prohibits in its six paragraphs certain persons,by reason of the relation of trust or their peculiar control over the property, from acquiring such property in their trust or control either directly or indirectly; even at a public or judicial auction; as follows: (1) guardians; (2) agents; (3) administrators; (4)public officers and employees; judicial officers and employees, prosecuting attorneys, andlawyers; and (6) others especially disqualified by law.