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G.R. No. L-68291 March 6, 1991 Numeriano, 5polonio and Victoriano, forci$l/ and unlawfull/ entered
the land armed with spears, canes and $olos.
ARCADIO, MELQUIADES, ABDULA, EUGENIO, APOLONIO, all
Books @!r"a#$% &BA'E(, petitioners,
"ecause of the unwarranted refusal of 5rcadio X$aneY, et al. to
vacate the premises since the time he was dispossessed in 09N@,
vs.
private respondent Valentin Ouano filed a complaint for recover/ of
)*E *ONORABLE IN)ERMEDIA)E APPELLA)E COUR) a"%
possession, dama#es and attorne/<s fees $efore the then 2ourt of
+ALEN)IN O. OUANO, respondents,
4irst *nstance (now R32+ of !avao Oriental. )ee&in# to en=oin the
X$aneYes from further the coconuts therefrom and restore to him the
Audiobooks Dominador F. Carillo
Pableo B. Baldoza for private respondent.
for petitioners. peaceful possession and occupation of the premises. *n his
complaint, Valentin Ouano, then plaintiff therein, alle#ed that he has
$een in lawful and peaceful possession since 09@6 to which an
LERNAN, C.J.: Ori#inal 2ertificate of 3itle No. P-(l@L@L+-P-L9L7 was issued in his
name> that petitioners, then defendants therein, unlawfull/ entered

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Facts:
Records show that private respondent Valentin Ouano, a claimant-
occupant of Lot No. 986, Pls-@99-! situated at sitio "a#sac, $arrio of
%ani&lin#, 'overnor 'eneroso (now )an *sidro+, !avao del Norte,
containin# an area of three (L+ hectares, M8 ares and N8 centares
his land on ?anuar/ M, 09N@ and started cultivatin# and #atherin# the
coconuts, $ananas and other fruits therein, there$/ ille#all/ deprivin#
him of the possession and en=o/ment of the fruits of the premises.
Petitioners, on the other hand, alle#ed that plaintiff Valentin Ouano,
now private respondent, has never $een in possession of an/ portion

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which was surve/ed on %arch 0L, 09@8 as evidenced $/ the 1)urve/
Notification 2ard1 issued in his name, a homestead application 0 with
the "ureau of Lands. 3he said application was approved in an order
dated %arch L, 09@9 issued $/ the !istrict Land Officer and $/
authorit/ of the !irector of Lands.
of Lot No. 986 as the same has $een continousl/ occupied and
possessed $/ petitioners since 09L@ in the concept of owner and
have introduced valua$le improvements thereon such as coconuts
and houses> that Lot No. 986 was the su$=ect matter of
administrative proceedin#s $efore the "ureau of Lands in %ati,
!avao Oriental which was conse:uentl/ decided in their favor $/ the

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3hree (L+ /ears thereafter, a 1Notice of *ntention to %a&e 4inal Proof
was made $/ Valentin Ouano to esta$lish his claim to the lot applied
for and to prove his residence and cultivation $efore Land *nspector.
On 5pril 0@, 096L, an 1Ori#inal 2ertificate of 3itle No. P-0@L@L1 was
issued to private respondent Valentin Ouano over Vomestead Patent
No. 080760 which was transcri$ed in the 1Re#istration "oo&1 for the
province of !avao on Octo$er 78, 096L. L
5fter 09 /ears of possession, cultivation and income derived from
coconuts planted on Lot No. 986, private respondent Valentin Ouano
was interrupted in his peaceful occupation thereof when a certain
5rcadio X$aneY and his sons, %el:uiades, 5$dula, ;u#enia
!irector of Lands on the findin# that Valentin Ouano has never
resided in the land> that it was declared $/ the !irector of Lands that
the homestead patent issued to private respondent Valentin Ouano
was improperl/ and erroneousl/ issued, since on the $asis of their
investi#ation and relocation surve/, the actual occupation and
cultivation was made $/ petitioner 5rcadio X$aAeY and his children,
consistin# of 9.6 hectares which cover the whole of Lot No. 986 and
portions of Lot Nos. 98N, 988 and 989> that $ased on the ocular
inspection conducted, it was esta$lished that Valentin Ouano did not
have a house on the land and cannot locate the $oundaries of his
titled land for he never resided therein.

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3he trial court, after hearin#, rendered its decision in favor of 3he prescriptive period for the reconve/ance of fraudulentl/
private respondent. re#istered real propert/ is ten (0@+ /ears rec&oned from the date of
the issuance of the certificate of title. 09
Petitioners appealed to the *ntermediate 5ppellate 2ourt.
private respondent Ouano has a $etter ri#ht of possession over Lot
3he *ntermediate 5ppellate 2ourt, 4irst 2ivil 2ases !ivision No. 986 than petitioners who claimed to own and possess a total of
promul#ated a decision, 8 affirmin# the decision of the trial court, with 07 hectares of land includin# that of Lot No. 986. Records indicate
modification. that petitioners have not ta&en an/ positive step to le#itimiYe $efore
the "ureau of Lands their self-servin# claim of possession and
Vence the instant recourse $/ petitioners. cultivation of a total of 07 hectares of pu$lic a#ricultural land $/
either appl/in# for homestead settlement, sale patent, lease, or
I@@!$M
confirmation of imperfect or incomplete title $/ =udicial le#aliYation
BON Valentine Ouano is the ri#htful owner of the :uestioned parcel under )ection M8($+ of the Pu$lic Land Law, as amended $/ R.5. No.
of land. 6
09M7 and P.!. 0@NL, or $/ administrative le#aliYation (free patent+