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Ibot v. Heirs of Tayco, G.R. No.
202950, April 6, 2015

Facts:
Respondents (heirs of deceased Francisco Tayco) presently occupy Lot No. 299, situated at
Poblacion 2, Pigcawayan, Province of Cotabato
Petitioner is the registered owner of Lot No. 299
A complaint for reconveyance of real property, damages and attorney's fees was filed before
the RTC by the respondents against the petitioner grounded on their claim as owners of Lot No. 299
Respondents alleged that: spouses Francisco and Flora Tayco (spouses Tayco) purchased Lot
No. 299 from Amelita Ibot (Amelita) for a consideration of P1,200.00 which was set forth in a Deed of
Sale; their open, continuous, exclusive, and notorious possession since 1964 and the introduction of
improvements on Lot No. 299 entitles them to its reconveyance as owners; and fraud attended the
issuance of the petitioner's OCT in 1998.
Petitioner denied the allegations and unequivocally declared that the respondents cannot
become owners of Lot No. 299 because his predecessor-in-interest, Amelita, merely tolerated their
occupation; that in 1997, Amelita ceded to him all her rights on Lot No. 299; that his Free Patent
application to the Bureau was not fraudulent; that after complying with all legal requisites imposed by
law, he was issued OCT No. P-62053 by the Register of Deeds, Province of Cotabato on October 23,
1997; that the respondents were allowed to remain in Lot No. 299 despite the death of Calixta and
Francisco; that upon learning about the respondents' sale of a portion of Lot No. 299 to Freddie
Rizardo, the petitioner formally demanded them to vacate Lot No. 299; and that the respondents did
not heed his demand for them to vacate.
Regional Trial Court (RTC) of Midsayap, Cotabato granted the reconveyance of Lot No. 299 to
Flora Tayco, Willy Tayco and Merlyn Tayco Bulante (respondents) and not to Baltazar Ibot (petitioner)
Court of Appeals reversed the Judgment of the RTC

Issue:
- Whether or not petitioner and not respondents is the legal owner of Lot No. 299
Held:
Burden of proof in reconveyance cases
Generally, "in civil cases, the burden of proof is on the plaintiff to establish his case by a
preponderance of evidence. If the plaintiff claims a right granted or created by law, the same must
be proven by competent evidence. The plaintiff must rely on the strength of his own evidence," "or
evidence which is of greater weight or more convincing than that which is offered in opposition to
it. In an action for reconveyance, however, a party seeking it should establish not merely by a
preponderance of evidence but by clear and convincing evidence that the land sought to be
reconveyed is his.
In the case at bar, the respondents failed to dispense their burden of proving by clear and
convincing evidence that they are entitled to the reconveyance of Lot No. 299.
Requisites for the reconveyance of property
Article 434 of the Civil Code provides:
Art. 434. In an action to recover, the property must be identified, and the plaintiff
must rely on the strength of his title and not on the weakness of the defendant's
claim.
In order to successfully maintain an action to recover the ownership of a real property, the person
who claims a better right to it must prove two things: first, the identity of the land claimed;
and second, his title thereto.
As to the first requisite, there is no doubt that the land sought to be reconveyed is Lot No. 299, a
residential lot located at Pigcawayan, Province of Cotabato. As to the second requisite on title of
ownership, the claims of the parties conflict.
An evaluation of the assailed CA decision
The respondents failed to present any document to prove the alleged sale. Moreover, the
petitioner was able to assert his claim of ownership not only by sending a letter demanding for the
respondents to vacate the disputed property but he also filed an action for ejectment against them
when his demand to vacate was unheeded.
The registration of Lot No. 299 was not preceded by a prior sale to the respondents' predecessorin-interest. The respondents failed to substantiate their claim that the same land was sold to the
late Francisco because the documents they presented in evidence did not prove the alleged sale.
It can, therefore, be stated that the OCT issued in the name of the petitioner over Lot No. 299
cannot be assailed by the respondents considering that their claim of ownership has not been duly
proved.
No implied trust was created between the petitioner and the respondents. The respondents had
nothing to support their claim of ownership over that of the petitioner. Therefore, the petitioner,
being a registered owner of the disputed lot, cannot be considered as a trustee in favor of the
respondents as cestui que trust.
Proof of Tolerance
The petitioner unequivocally dispensed his burden of proving that the respondents' occupation of
Lot No. 299 was through the mere tolerance of his aunt Amelita. Tolerance must be shown by
some overt act such as the permission accorded by the petitioner and his predecessors-in-interest
to occupy the disputed property in order for it to be well-taken. Mere tolerance always carries with
it "permission" and not merely silence or inaction for silence or inaction is negligence, not
tolerance. It must also be shown "that the supposed acts of tolerance have been present right from
the very start of the possession from entry to the property."
To support his claim of ownership, the petitioner presented the following pieces of evidence, to wit:
(1) OCT (October 23, 1997); (2) Tax Declaration (1998); (3) demand letter to vacate (May 25,
1999); (4) Barangay Certification to file action; (5) application and notice to file for Free Patent
(1987); (6) the Order of the DENR (1996) wherein Amelita requested for the rejection of her free
patent application in favor of the petitioner; and the testimony of his aunt Amelita on how the
respondents and their predecessors-in-interest started to occupy Lot No. 299 and her
acquiescence to their occupation until she transferred all her rights over Lot No. 299 in favor of the
petitioner. Hence, as compared to the evidence of the respondents, the evidence of the
petitioner clearly and convincingly prove his exercise of ownership over the disputed
property.
Prescinding from the foregoing, it is clear mere claim of ownership will not suffice. An action for
reconveyance should be maintained by the true owner. It will not suffice that the respondents are
in possession of the land subject thereof. Thus, the scale of justice should tilt in favor of the
petitioner and not the respondents.

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Ibot v. Heirs of Tayco, G.R. No.

202950, April 6, 2015

Petitioner is the registered owner of Lot No. 299

Court of Appeals reversed the Judgment of the RTC

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