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Arsenio F. Olegario, et al. Vs. Pedro C. Mari, represented by Lilia C. Mari-Camba

Arsenio Olegario and HEIRS OF Aristoteles F. Olegario, represented by CARMELITA GUZMAN-OLEGARIO, Petitioners, versus Pedro C. Mari, represented by Lilia C. Mari-Camba, Respondent

G.R. No. 147951 | 2009-12-14

D E C I S I O N


DEL CASTILLO, J.:

Possession, to constitute the foundation of acquisitive prescription, must be possession under a claim of title or must be adverse. Acts of a possessory character performed by one who holds the property by mere tolerance of the owner are clearly not in the concept of an owner and such possessory acts, no matter how long continued, do not start the running of the period of prescription.

In the present Petition for Review on Certiorari,[1] petitioners assail the April 18, 2001 Decision[2] of the Court of Appeals (CA) in CA-G.R. CV No. 52124, reversing the October 13, 1995 Decision[3] of the Regional...