G.R. No. 7728; September 1, 1913
ISIDORO ALVANO, plaintiff-appellant, vs. LEOCADIO BATOON, MAURICIO BATOON, DANIEL GUILLERMO, LEONCIO BARENG, and JUAN ALVANO, defendants-appellees.

FACTS

Plaintiff Isidoro Alvano filed an action to recover possession of five parcels of land, claiming he purchased them from the co-owners Eusebio Alvano, Juan Alvano, and Apolonia Alvano, and presented documentary evidence (Exhibits A, B, and C) to support this. The defendants, in possession of the land, claimed in their answer that they had purchased it from Juan Alvano, but presented no proof of such purchase at trial. Instead, defendant Leocadio Batoon testified that Juan Alvano had mortgaged the lands to them, but no documentary evidence of this mortgage was presented. The trial court ruled in favor of the defendants, dismissing the plaintiff’s complaint.

ISSUE

Whether the defendants, by virtue of an alleged mortgage, have a superior right to possess the subject parcels of land over the plaintiff who claims ownership by purchase.

RULING

No. The Supreme Court reversed the trial court’s decision. A simple mortgage does not generally confer upon the mortgagee the right to possess the mortgaged property, absent special stipulations to that effect. The defendants failed to prove that their alleged mortgage contained such a stipulation granting them possession. Furthermore, even if a valid mortgage existed, Juan Alvano could only mortgage his one-fourth share as a co-owner, not the entire property. The plaintiff, having proven his purchase from all the co-owners without dispute, has a superior right to possession. The plaintiff’s prayer was granted.