362 Barsobia vs.

Cuenco GR No L-33048 April 16, 1982

Facts:

The lot in question was previously owned by a Leocadia Balisado who sold it to the spouses
Barsobia who are Filipino citizens. Petitioner Barsobia sold the land to a Chinese Ong King Po
who took actual possession and enjoyed the fruits thereof. Ong King Po then sold the lot to the
respondent, a naturalized Filipino, who immediately took actual possession and harvested the
fruits therefrom.

A year later, petitioner had sold of the property to a Pacita Vallar and claimed that she had no
intention to sell the land to Ong King Po and had been in possession ever since except for the
portion of land sold to Vallar.

Respondent had filed a Forcible Entry case against the petitioner but was dismissed for lack of
jurisdiction.

Issue(s):

Who the rightful owner of the property is

Ruling:

The sale made by the petitioner to the Chinese Ong King Po was inexistent and void ab initio.
And now that the property is now in the hands of a naturalized Filipino, there would be no public
policy to be served in allowing the petitioner to recover the land already in the possession of a
qualified person.

The petitioner had also slept on her rights for 26 years and is barred from asserting her claim to
the property in question. The respondent is declared the rightful owner of the property.