G.R. No. L‑5897, 19 November 1910

Facts
– On 27 July 1908 Luis Perez y Samanillo (through his brother) filed an application before the Court of Land Registration for issuance of a title over a lot in Binondo, Manila (Nos. 137‑157 Escola St. / Nos. 2‑20 David St.), together with the buildings thereon.
– The applicant asserted ownership by inheritance from his mother, Agustina Samanillo, and claimed the land was free of encumbrances.
– Vicente Gonzalez, owner of the adjoining premises, filed an adverse petition alleging that the plan submitted by the applicant overlapped a portion of his propertyapproximately 60 sq m of vacant land that had been possessed by his predecessor since 1835 and was evidenced by an entrance door and window projecting from his house onto the disputed strip.
– Both parties were brought to the site for ocular inspection. The inspection showed that the disputed strip lay within the boundary of Gonzalez’s house (walls, eaves, door and window) and that no evidence existed of the applicant’s predecessors having possessed or claimed that portion.

Issue
Whether the fractional lot (≈ 60 sq m) shown in the applicant’s plan belongs to Luis Perez y Samanillo and therefore should be included in his registration, or whether it belongs to Vicente Gonzalez and must be excluded from the applicant’s title.

Ruling
The Supreme Court affirmed the lower court’s judgment, excluding the disputed fractional lot from the registration of Perez Samanillo’s property. The lot was held to be part of Gonzalez’s adjoining land, as established by the ocular inspection and the historical possession of his predecessors. Accordingly, Perez Samanillo’s title may be issued after rectifying the plan to omit the excluded lot, in accordance with Act No. 496. No determination on costs was made.

Concurrence: Johnson, Moreland and Trent, JJ.