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TCT 14513 in the name of Gregorio Ocampo and Tax declaration of 2819
containing 78,181 sq meters was in possession of the plaintiffs after his death.
Later plaintiffs found out that 4,303 square meters was possessed by the
defendants herein, claiming the ownership of the said portion while her codefendants co-possessed the same as her tenants.
That even after the said relocation the defendant Victoria P. Cabral persisted and
still persist in her claim of ownership over the said portion and her codefendants
persisted and still persist in recognizing her as the owner thereof instead of the
plaintiffs
Granting but without admitting, that the defendant Cabral and her predecessors
in interest have been in possession of this portion of land with an area of 4,303
square meters, more or less for more than 50 years, does she mean to imply
now that she acquires ownership over the same by virtue of prescription?
CA found out that there was an oral sale between Cabral and Mr Ocampo but did
not materialized and was never discussed in the trial court.
ISSUE:
Whether or not the possession through an oral sale was valid?