GR L 5359; (February, 1910) (Digest)
G.R. No. L-5359
JOSE COJUANGCO, petitioner-appellee, vs. MANUEL RODRIGUEZ, ET AL., respondents-appellants.
February 23, 1910
FACTS:
Jose Cojuangco sought to register two parcels of land under the Torrens system. Manuel Rodriguez and other heirs of Antonio Rodriguez opposed the registration, claiming ownership over a portion of the first parcel. They alleged that their father, Antonio Rodriguez, had purchased the land from Emigdio Navarro and Alfonso Torres on October 23, 1894, via a private document of sale.
However, evidence presented showed that Antonio Rodriguez, acting as civil governor, subsequently transferred the same land to Emigdio Navarro on November 12, 1894, completing Navarro’s purchase from an 1889 public sale. From this date (November 12, 1894), Emigdio Navarro continuously possessed the land and the original title documents until he sold it to Jose Cojuangco in 1906 through a public document.
Cojuangco purchased the land in good faith and without any knowledge of the prior private document or the Rodriguez’s claim. Neither the private document of sale to Antonio Rodriguez nor the public document of sale to Jose Cojuangco was ever registered. Cojuangco was the first to take possession of the land in good faith after his purchase. The lower court sided with Cojuangco, overruling the opposition of the Rodriguezes, and this decision was appealed.
ISSUE:
Who has a preferential right to real property that has been sold to different vendees, where neither deed was registered, but the later vendee took possession in good faith?
RULING:
The Supreme Court affirmed the decision of the lower court, ruling in favor of Jose Cojuangco.
The Court applied Article 1473 of the Civil Code, which states that in cases of double sale of real property, if there is no registration, ownership shall belong to the person who first took possession of the property in good faith.
The Court found that:
1. Jose Cojuangco purchased the land from Emigdio Navarro (who was in continuous possession for 12 years and held the title documents) in 1906 through a public document.
2. Cojuangco acted in good faith, having no knowledge of the prior private sale to Antonio Rodriguez.
3. Cojuangco was the first to take actual possession of the land in good faith.
Therefore, since neither sale was registered and Cojuangco was the first to take possession in good faith, he was deemed to have the superior right to the property.