Construction and Interpretation Cases on Power to Construe Doroteo Banawa et. al; petitioners vs. Maria Mirano et.

al; respondents 97 SCRA 517 (1980) FACTS: Mariano Mirano was taken in by spouses Doroteo Banawa and Juliana Mendoza treated and reared her up like their own child. On July 31, 1949 Maria Mirano died of illness and left her nearest relatives Primitiva Mirano her sister, and children of a deceased brother Martin Mirano her nearest relatives are now the respondents. The Spouses Banawa and Mendoza both died during the pendency of this case and Gliceria Abrenica one adoptive daughter and her spouse is now the petitioners. The spouses Doroteo Banawa and Juliana Mendoza bought two parcels of land, the first one Iba property was bought and named to Maria Mirano by the spouses from Placido Punzalan in 1921 upon failure of the latter to pay the former of obligations amounting to 4,080 pesos. The second, Carsuche property was bought by the spouses in 1935 which the Court of Appeals found out was in favor of Maria Mirano however, in 1940 the same property was sold to the petitioners. The decision of the lower court and the Court of Appeals favors the two parcels of land in dispute to the respondents. The petitioners contend that the there was error in the Court of Appeals decision in relation to its interpretation of article 632 of the Old Civil Code; Section 5 Rule 100 of the Old Rules of Court. That under Section 40 of the Code of Civil Procedures the petitioners has acquired acquisitive prescription for the Carasuche Property. ISSUES: 1. Whether or not the Court of Appeals erred in interpreting article 632 of the Old Civil Code and Section 5 Rule 100 of the Old Rules of Court and thus unjustly forfeited the petitioners claim to the Iba property. 2. Whether or not the Court of Appeals erred in dismissing the petitioners claim on the Carsuche property pursuant of Section 40 of the Code of Civil Procedures. HELD: 1. No. Article 632 of the Old Code provides that: "Donations of personal property may be made verbally or in writing. Verbal donation requires the simultaneous delivery of the gift. In the absence of this requisite the donation shall produce no effect, unless made in writing and accepted in the same form." The word Delivery may be actual or constructive thus the contention of the petitioners that there was no simultaneous delivery of the credits to Maria Mirano is not meritorious. Section 5, Rule 100 of the Old Rules of Court provides that: In case of death of the child, his parents and relatives by nature, and not by adoption shall be his legal heirs, except as to property received or inherited by the adopted child from either of his parents by adoption, which shall become the property of the latter or

their legitimate relatives The rule pertains to judicially adopted child, and when the language of law is clear and unequivocal the law must be taken to mean exactly what it says. The decision of the Court of Appeals on the Iba property is affirmed. 2. Yes. Section 40 of the Code of Civil Procedure provides Period of prescription as to real estate- An action for recovery of title to, or possession of real property, or an interest therein, can only be brought within ten years after the cause of action accrues. The right to ownership of the petitioners from the time the Carsuche property was bought in 1940 has already accrued by 1950. The decision of the Court Appeal on the Carsuche property is reversed.