G.R No.

L-9704 January 18, 1957

LORENZO LLANOS, petitioner
vs.
CLAUDIO SIMBORIO and HON. PATRICIO CENIZA, Judge of the CFI of Misamis
Occidental, Respondents

Facts:
• Claudio Simborio, herein respondents, filed against Lorenzo Llanos, petitioner, and ohers
a complaint for recovery of ownership, possession, and damages (Civil Case No. R-887)
regarding a parcel of land in Barrio Agunod, Plaridel, Misamis Occidental.
• The subject land appears to be part of a homestead applied for by Claudio, his application
having been approved by the Bureau of Lands on November 4, 1935.
• There were several adverse claimants (defendants of Case No R-887 w/ the exception of
Llanos) on the homestead, which were dismissed by the Director of lands based on the
report of said public land inspectors.
• The adverse claimants, inasmuch as they abided by the decision of the Bureau of lands,
were dropped as defendants and only Llanos answered the complaint.
• Trial Court: Simborio is the owner and possessor of the parcels. Ordered Llanos to vacate
the land and return its possession to plaintiff. Llanos appealed.
• CA: Llanos had no right or title to the land he occupied. The tax declaration he presented
to support his claim refers to another parcel of land outside the homestead.
• MR was filed by Llanos asking that the case be remanded to the lower court as there is
additional evidence showing his prior possession and the existing improvements
introduced by him. This was denied, but the justices felt that the ends of justice would be
served if they granted the MR on the question of improvement.
• Dissatisfied w/ this decision, Llanos file a petition by way of certiorari. This was dismissed.
Records were return to the court of origin, pursuant to the resolution of the CA.
• Simborio filed a petition for the issuance of a writ of possession to which the trial court
issued in his favor.
• Llanos filed a motion for relief to quash the writ of possession and execution based on the
ground that the sheriff placed Simborio in possession of the coconut trees, coffee, house
and other plants (which Simborio allegedly sold for 440 pesos) and improvements owned
by him before the judgment became final and executory.
• The motion for relief to quash the writ of possession filed by Llanos was denied. Hence,
this present petition for certiorari.
Issue: WON Llanos, as a possessor in bad faith, is entitled to reimbursement for the improvements
he made on the land.
Ruling: YES.
• There can be no question that the improvements introduced by him since 1942 were made
in bad faith. He illegally entered the parcel in question in 1942, and pretended to be a mere
war evacuee to persuade the appellee to allow him to stay.
• However, CA argued that Simborio also acted in bad faith for having allowed Llanos to
stay; thereby enabling him to introduce improvements thereon.
• Bearing in mind that this was during the war and that Llanos pretended to be a mere
evacuee deserving of consideration and tolerance, Simborio cannot be said to have acted
in bad faith. Moreover, Simborio was in a position that to be very strict and forcibly drive
out Llanos and create an enemy, would expose himself to acts of revenge or retaliation.
• However, the finding and holding of the CA on this question of good faith and bad
faith was not appealed by Simborio and became final. As a result, Llanos may now be
regarded as a possessor in good faith as to the improvements introduced by him
between 1942 and 1946, and so may hold the land on which these improvements stand
until he receives reimbursement for their value from the owner of the land.