G.R. No. L-10988; August 19, 1916

FACTS:
The plaintiff, Roque Samson, filed an action in the Court of First Instance of Negros Occidental to recover possession of two parcels of land from the defendants, Braulio Garcia and Alipio Ycalina, alleging ownership and illegal deprivation of possession. Defendant Braulio Garcia did not appear, and a default judgment was rendered against him. Defendant Alipio Ycalina answered, claiming ownership of the lands as part of his larger property.

The evidence established that:
1. Alipio Ycalina purchased the lands from Braulio Garcia on May 20, 1910, and had been in possession since.
2. Roque Samson purchased the first parcel from Braulio Garcia under a pacto de retracto on November 19, 1911, with a four-month repurchase period.
3. Samson purchased the second parcel from Garcia under a pacto de retracto on June 21, 1910, with a one-year repurchase period.
4. Samson had never been in possession of the lands.

The trial court ruled in favor of Ycalina, declaring him the owner and absolving him from liability. Samson appealed.

ISSUE:
Who has a better right of ownership over the two parcels of land, considering that both the plaintiff and the defendant derived their titles from the same vendor, and neither title was registered in the Registry of Property?

RULING:
The Supreme Court affirmed the trial court’s decision, ruling in favor of defendant Alipio Ycalina.

The Court applied Article 1473 of the Civil Code, which governs double sales. Since the property is real estate and neither party inscribed their title in the registry, the third paragraph of the article applies: ownership shall belong to the person who first took possession in good faith, and in default of such possession, to the person who presents the oldest title, provided there is good faith.

The Court found that:
1. Both purchasers were in good faith, and this was not disputed.

3. Alipio Ycalina was the first to take possession of the property in good faith, having done so since his purchase in May 1910, while Samson never took possession.

Therefore, under Article 1473, ownership rightfully belongs to Alipio Ycalina as the first possessor in good faith. The judgment of the lower court was affirmed, with costs against the appellant.