04/02/2020
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dismissed for it is settled that only questions of law may be reviewed in an appeal
by certiorari.[65] There is a question of law when there is doubt as to what the law
is on a certain state of facts. Questions of law can be resolved without having to reexamine the probative value of evidence presented, the truth or falsehood of facts
being admitted.[66] The instant case does not present a compelling reason to
deviate from the foregoing rule, especially since both trial and appellate courts agree
that respondent had proven her claim of ownership as against petitioners' claims.
Their factual findings, supported as they are by the evidence, should be accorded
great respect.
In any case, even if petitioners' arguments attacking the authenticity and
admissibility of the Deed of Quitclaim executed in favor of respondent's father are
well-taken, it will not suffice to defeat respondent's claim over the subject property.
Even without the Deed of Quitclaim, respondent's claims of prior possession and
ownership were adequately supported and corroborated by her other documentary
and testimonial evidence. We agree with the trial court's observation that, in the
ordinary course of things, people will not go to great lengths to execute legal
documents and pay realty taxes over a real property, unless they have reason to
believe that they have an interest over the same.[67]
The fact that respondent's documents traverse several decades, from the 1960s to
the 1990s, is an indication that she and her family never abandoned their right to
the property and have continuously exercised rights of ownership over the same.
Moreover, respondent's version of how the petitioners came to occupy the property
coincides with the same timeline given by the petitioners themselves. The only
difference is that petitioners maintain they came into possession by tolerance of the
Smith family, while respondent maintains that it was her parents who gave
permission to petitioners. Given the context under which the parties' respective
statements were made, the Court is inclined to believe the respondent's version, as
both the trial and appellate courts have concluded, since her version is corroborated
by the documentary evidence.
Whether petitioners have acquired the subject property by prescription
Assuming that the subject land may be acquired by prescription, we cannot accept
petitioners' claim of acquisition by prescription. Petitioners admitted that they had
occupied the property by tolerance of the owner thereof.
Having made this
admission, they cannot claim that they have acquired the property by prescription
unless they can prove acts of repudiation. It is settled that possession, in order to
ripen into ownership, must be in the concept of an owner, public, peaceful and
uninterrupted. Possession not in the concept of owner, such as the one claimed by
petitioners, cannot ripen into ownership by acquisitive prescription, unless the
juridical relation is first expressly repudiated and such repudiation has been
communicated to the other party. Acts of possessory character executed due to
license or by mere tolerance of the owner are inadequate for purposes of acquisitive
prescription. Possession by tolerance is not adverse and such possessory acts, no
matter how long performed, do not start the running of the period of prescription.
[68]
In the instant case, petitioners made no effort to allege much less prove any act of
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