Vitug, Loisse Danielle D.

Sunga v. De Guzman (1979)

Appellees were not aware that appellant's possession extended over the whole fishpond,
including that which pertained to them as their share, thus said possession cannot be
said to be adverse and open as to give rise to title by prescription.

FACTS:

A private contract of sale was signed by five (5) of the nine (9) legitimate heirs of the
spouses Juan de Guzman and Lucia Montemayor for a consideration of P700.00. The
property in question was a fishpond located in Pampanga.

However, the referred deed of sale is not notarized nor registered in the Register of
Deeds of Pampanga, hence the said property was still registered in the name of the
father of the heirs up to October 5, 1962. Three out of the four who did not sign
questioned the sale. Respondents claim they have acquired thru prescription.

ISSUE:
Whether or not petitioners have acquired ownership thru acquisitive and extinctive
prescription

RULING:

NO.

Petitioners’ claim of prescription is made to rest on their alleged adverse possession of

the whole fishpond, dating back from 1948. Respondents were not definitely aware that
appellant's possession extended over the whole fishpond, including that which
pertained to them as their share.

In that state of their knowledge as to the extent and nature of petitioners-appellant's

possession, said possession cannot be said to be adverse and open as to give rise to title
by prescription in favor of petitioners-appellants.

A fishpond is not as physically or actually occupied or held in possession as a parcel of

land, in that the signs of possession in the latter are more visible, and the extent of its
exercise or enjoyment, more manifest and easily determined.

The tax declaration over the land has remained up to the present in the name of the
original owners, the deceased parents of respondents-appellees. The possession of
petitioners-appellants, was, therefore, not completely adverse or open, nor was it truly
in the concept of an owner, which are indispensable elements for prescription to
become legally effective as a means of acquiring real property