Professional Documents
Culture Documents
Malazarte (2006)
Petitioners: Esperanza Frondarina and Husband, Pedro Frondarina
Respondents: Napoleon Malazarte and Laura Malazarte
DOCTRINE: Although tax declarations or real estate payments of property
are not conclusive evidence of ownership, nevertheless, they are good
indicia of possession in the concept of an owner.
FACTS:
1. Flordelina Santos acquired Lot 5, Block 15-B, in Gordon Heights
Subdivision, Olongapo City from a certain Illuminado Amar.
2. The property was then transferred by Santos to Cirila Gongora, sister of
Esperanza Frondarina (petitioner) as shown in the Deed of Transfer of
Possessory Right over a Lot.
a. Gongora filed a Miscellaneous Sales Application (MSA) with the
Bureau of Lands.
b. Lot was declared in Gongoras name for taxation purposes under
several Tax Declarations (1970, 1974, 1980)
c. paid the real estate taxes due on said property as shown by a
receipt evidencing payment of the real estate taxes on the property
for the years 1980-1985.
3. Petitioner Esperanza, in turn, obtained the disputed lot from her sister,
Cirila Gongora, as evidenced by the Waiver and/or Renunciation of
Rights to a Parcel of Land.
a. filed an MSA with the Bureau of Lands over the disputed lot.
b. declared the disputed lot in her name in 1986 Tax Declaration and
paid real estates taxes on the property for the years 1986 to 1988.
c. had the lot surveyed, fenced it with four (4) strands of barbed wire,
and tended two (2) mango and one (1) coconut trees and planted
different kinds of vegetables on the lot.
4. On the other hand, the Malazartes alleged that in 1988, they bought the
said lot from Romeo Valencia and have resided on the lot since then.
a. They constructed their house on the lot without a building permit
as their application was denied due to petitioners complaint.
5. The Malazartes threatened the formers caretaker and even dug holes on
the lot to put up posts, riprapped the rear of the lot, and deposited hollow
blocks to construct a house.
a. Defense of Malazartes: they got permission to enter the land from
Mr. Valencia
6. City Engineers Office told Malazartes to stop construction as they had
no building permit. However, Malazartes continued construction.
7. Olongapo MTCC: in favor of Sps. Frondarina; Malazartes did not have
prior possession of the subject lot. Their possession of the land was also
not adverse, uninterrupted, open and in the concept of owners.