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Republic of the Philippines
SUPREME COURT
Manila
EN BANC
G.R. No. L-26127 June 28, 1974
(Civil Case No. 3621)
VICTOR BENIN, ET AL., plaintiffs-appellees,
vs.
MARIANO SEVERO TUASON y DE LA PAZ, ET AL., defendants. J. M. TUASON & CO.,
INC., defendant-appellant.
G.R. No. L-26128 June 28, 1974
(Civil Case No. 3622)
JUAN ALCANTARA, ET AL., plaintiffs-appellees,
vs.
MARIANO SEVERO TUASON y DE LA PAZ, ET AL., defendants. J.M. TUASON & CO.,
INC., defendant-appellant.
G.R. No. L-26129 June 28, 1974
(Civil Case No. 3623)
DIEGO PILI, ET AL., plaintiffs-appellees,
vs.
MARIANO SEVERO TUASON y DE LA PAZ, ET AL., defendants. J.M. TUASON & CO.,
INC., defendant-appellant.
Jose Palarca Law Offices for plaintiffs-appellees.
Manuel O. Chan & Rodolfo M. Caluag for defendant-appellant.
ZALDIVAR, J.:p
Appeal from the decision, dated January 18, 1965, of the Court of First Instance of Rizal, the Hon.
Judge Eulogio Mencias, presiding in Civil Cases Nos. 3621, 3622, and 3623.
1
On May 19, 1955 three sets of plaintiffs filed three separate complaints containing substantially the
same allegations.
2

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In Civil Case No. 3621, the plaintiffs alleged that they were the owners and possessors of the three
parcels of agricultural lands, described in paragraph V of the complaint, located in the barrio of La
Loma (now barrio of San Jose) in the municipality (now city) of Caloocan, province of Rizal, having
an aggregate area of approximately 278,928 square meters; that they inherited said parcels of land
from their ancestor Sixto Benin, who in turn inherited the same from his father, Eugenio Benin; that
they and their predecessors in interest had possessed these three parcels of land openly, adversely,
and peacefully, cultivated the same and exclusively enjoyed the fruits harvested therefrom; that
Eugenio Benin, plaintiff's grandfather, had said parcels of land surveyed on March 4 and 6, 1894,
that during the cadastral survey by the Bureau of Lands of the lands in Barrio San Jose in 1933 Sixto
Benin and herein plaintiffs claim the ownership over said parcels of land; that they declared said
lands for taxation purposes in 1940 under Tax Declaration No. 2429; that after the outbreak of the
last World War, or sometime in 1942 and subsequently thereafter, evacuees from Manila and other
places, after having secured the permission of the plaintiffs, constructed their houses thereon and
paid monthly rentals to plaintiffs.
In Civil Case No. 3622 the plaintiffs alleged that they were the owners and possessors of two parcels
of agricultural land, described in paragraph V of the complaint, located in the Barrio of La Loma (now
Barrio San Jose) in the municipality of Caloocan, province of Rizal, having an aggregate area of
approximately 148,118 square meters; that these parcels of land were inherited by them from their
deceased father Bonoso Alcantara, who in turn inherited the same from his father, Juan Alcantara;
that plaintiffs Juan Alcantara and Jose Alcantara were the children of Bonoso Alcantara; that these
two brothers inherited the land from their father, and they and their predecessors in interest had
been in open, adverse and continuous possession of the same, planting therein palay and other
agricultural products and exclusively enjoying said products; that on March 28, 1894 plaintiffs'
grandfather, Juan Alcantara, had said lands surveyed; that during the cadastral survey by the
Bureau of Lands of the lands in Barrio San Jose in 1933 Bonoso Alcantara and the plaintiffs filed and
registered their claims of ownership over said lands; that plaintiffs had said lands declared for
taxation purposes under Tax Declaration No. 2390, of Quezon City; that after the outbreak of the last
World War, or sometime in 1942 and subsequently thereafter, evacuees from Manila and other
places, after having secured permission from plaintiffs, settled and constructed their houses on said
lands and plaintiffs collected monthly rentals from them.
In Civil Case No. 3623, plaintiffs alleged that they are the owners and possessors of a parcel of
agricultural land located in the Barrio of La Loma (now San Jose), municipality of Caloocan, province
of Rizal, having an area of approximately 62,481 square meters; that this parcel of land was
inherited by plaintiffs from their ancestor Candido Pili who in turn inherited the same from his
parents; that Candido Pili and his predecessors in interest owned, possessed, occupied and
cultivated the said parcel of land from time immemorial; that upon the death of Candido Pili his
children Luisa Pili, Pascual Pili, Diego Pili and Manuel Pili succeeded to the ownership and
possession and cultivation of said land; that plaintiffs and their predecessors in interest, as owners
and possessors of said land, had openly, adversely and continuously cultivated the land, planting
thereon palay and other agricultural products and enjoying exclusively the products harvested
therefrom; that during his lifetime, Candido Pili ordered the survey of said land sometime on March
11, 1894, and when the cadastral survey of said land was conducted by the Bureau of Lands in 1933
Candido Pili and plaintiffs filed and registered their claim of ownership over the said parcel of land;
that plaintiffs had the land declared for taxation purposes under Tax Declaration No. 2597, Quezon
City, Philippines; that after the outbreak of the last World War, or sometime in 1942 and
subsequently thereafter, evacuees from Manila and other places, after securing permission from
plaintiffs, settled and constructed their houses in said land and plaintiffs collected monthly rentals
from their lessees or tenants.
The plaintiffs in these three civil cases uniformly alleged, in their respective complaint, that sometime
in the year 1951 while they were enjoying the peaceful possession of their lands, the defendants,

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Republic of the Philippines SUPREME COURT Manila EN BANC ? G.R. No. L-26127 June 28, 1974 (Civil Case No. 3621) VICTOR BENIN, ET AL.,?plaintiffs-appellees,? vs. MARIANO SEVERO TUASON y DE LA PAZ, ET AL., defendants. J. M. TUASON & CO., INC.,?defendant-appellant. G.R. No. L-26128 June 28, 1974 (Civil Case No. 3622) JUAN ALCANTARA, ET AL.,?plaintiffs-appellees,? vs. MARIANO SEVERO TUASON y DE LA PAZ, ET AL., defendants. J.M. TUASON & CO., INC.,?defendant-appellant. G.R. No. L-26129 June 28, 1974 (Civil Case No. 3623) DIEGO PILI, ET AL.,?plaintiffs-appellees,? vs. MARIANO SEVERO TUASON y DE LA PAZ, ET AL., defendants. J.M. TUASON & CO., INC.,?defendant-appellant. Jose Palarca Law Offices for plaintiffs-appellees. Manuel O. Chan & Rodolfo M. Caluag for defendant-appellant. ? ZALDIVAR,?J.:p Appeal from the decision, dated January 18, 1965, of the Court of First Instance of Rizal, the Hon. Judge Eulogio Mencias, presiding in Civil Cases Nos. 3621, 3622, and 3623.?1 On May 19, 1955 three sets of plaintiffs filed three separate complaints containing substantially the same allegations.?2 In Civil Case No. 3621, the plaintiffs alleged that they were the owners and possessors of the three parcels of agricultural lands, described in paragraph V of the complaint, located in the barrio of La Loma (now barrio of San Jose) in the municipality (now city) of Caloocan, province of Rizal, having an aggregate area of approximately 278,928 square meters; that they inherited said parcels of land fr ...
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