G.R. No. L-1752

FACTS:
Plaintiff-appellee Nicasio Capule filed an action to recover possession of a tract of land and to claim damages for its unlawful detention against defendant-appellant Evaristo Capistrano. Capule alleged that he purchased the land from Eduardo Capistrano (now deceased), through whom the defendant claims as an heir. Capule further asserted that he took possession of the land prior to Eduardo’s death but was later unlawfully deprived of it by the defendant.

ISSUE:
The sole issue raised on appeal is one of fact: Whether the plaintiff-appellee sufficiently proved his purchase and prior possession of the land to warrant recovery of its possession from the defendant-appellant.

RULING:
The Supreme Court AFFIRMED the trial court’s judgment with modification. The Court upheld the factual finding of the trial judge that Capule indeed purchased the land from Eduardo Capistrano and took possession prior to the latter’s death, and that he was subsequently unlawfully deprived of possession by Capistrano. The appellant’s claim that the document of sale was not presented in evidence was not considered, as it was raised for the first time on appeal and was contradicted by the trial court’s explicit finding that the transfer was proven by the document and corroborated by four witnesses. However, the Court REVERSED the award of damages, finding that Capule’s claim for damages was not sustained by the evidence. The dispositive portion of the decision ordered the recovery of possession in favor of Capule, but disallowed the damages. Costs were taxed against the appellant.