8/13/2019 Digest - Alarcon vs Bidin

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Purificacion Alarcon vs. Hon. Abdulwahid Bidin et al

FACTS:

In 1923, Roberto Alarcon leased a property with TCT No. T-13,125(0-9493) to Esteban Sergas.

On January 5, 1926, Roberto Alarcon sold a portion of his undivided share to Sergas. The date of

instrument was January 5, 1926 but the inscription was on May 3, 1963. Also the name of the vendor in

instrument was Roberto Alarcon but the typewritten name ar the bottom of the documents, above

which appears a thumbmark reads Alberto Alarcon.

On July 9, 1928, Roberto Alarcon sold another portion of his share of the land to Adela Alvarez

who later on sold it to Domingo Rojas Francisco on November 29, 1954.

On October 23, 1978, Petitioners filed a suit for recovery of what they allege is their portion of

cadastral lot 3178. Private respondents moved to dismiss the complaint on the ground that the action is

barred by the statute of limitations and that petitioners are guilty of laches.

On May 23, 1979, respondent Judge dismissed the complaint for the reason that it is barred by

laches. Also on August 27, 1979, motion for reconsideration was denied by the court.

ISSUE:

Whether or not the complaint is barred by the statute of limitation and that the petitioners are

guilty of laches.

HELD:

Since 1926, the date of sale of property to Esteban Serges, he already took possession of theproperty and has been in adverse possession under claim of ownership. Same with Adela Alvarez who

also took possession of said property from the year it was sold till it was then again sold to Domingo

Rojas Francisco, who also held the property in possession under claim of ownership till now.

The vendor Roberto Alarcon took no steps in rescinding the sales nor reivindicate the property.

As far as the petitioners are concerned, more than 50 years has elapsed since the execution of

the deeds of sale. This already constituted laches.

Instant petition is hereby denied for lack of merit.