G.R. No. 18: September 12, 1901
GAUDENCIO ELEIZEGUI, plaintiff-appellee, vs. JOSEFA AREVALO, defendant-appellant.

FACTS:
Gaudencio Eleizegui initiated a case relying on the provisions of Article 395 of the Mortgage Law to register his ownership of a certain property. The defendant, Josefa Arevalo, appealed the lower court’s decision. It was established that the petitioner, Eleizegui, held a written title to the property described in his petition.

ISSUE:
Whether the petitioner can invoke Article 395 of the Mortgage Law or Article 437 of the General Regulations to register his ownership of the property.

RULING:
No. The Supreme Court reversed the judgment of the lower court. The Court held that Article 395 of the Mortgage Law applies only to cases where the proprietor does not have a written title of ownership. Since Eleizegui possessed a written title, he could not invoke this article for registration purposes. Furthermore, Article 437 of the General Regulations was inapplicable as it pertains only to the registration of possession, not ownership. The fact that the written title was submitted to the lower court attached to the petition further confirmed its existence. The petition was therefore improperly brought under the cited provisions.