8/18/2019 Ramirez & Bonifacio v CA & Medina Et Al

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RAMIREZ & BONIFACIO V CA & MEDINA ET AL

FACTS:

 A decree of registration over a lot was issued in favor of Ramirez & Bonifacio on the ground of prescription. Medina et al, however, moved for the cancellation of such on the ground of fraud,

alleging that they are the real owners of the lot and that Ramirez & Bonifacio were mereantichretic as a result of a loan contracted by them (Medina et al secured by such lot.

ISSUE!

"#$ Ramirez & Bonifacio, the antichretic creditors, may ac%uire the lot in %uestion throughprescription.

HELD!

No.

he antichretic creditor cannot ordinarily ac%uire by prescription the land surrendered to him bythe debtor. he petitioners are not possessors in the concept of owner but mere holders placedin possession of the land by its owners. hus, their possession cannot serve as a title for ac%uiring dominion ('ee Art. )*, +ivil +ode.