Petitioner
Ildefonso Tolentino
Respondent
Tomas Paraiso
Citation
G.R. No. 11045
Court
Supreme Court
Division
Second Division
Ponente
Torres, J.
Decided
July 28, 1916

Summary

This 1916 Supreme Court case involved a property dispute over a 1.5-cavan parcel in Nueva Ecija. Plaintiff Ildefonso Tolentino claimed ownership through inheritance from his father, while defendant Tomas Paraiso claimed ownership through purchase from plaintiff's aunt, Miguela Tolentino. The controversy arose because the deed of sale described 12 hectares when the vendor only owned 6 cavanes inherited from her father's will. The Supreme Court affirmed the lower court's ruling that the sale was null and void as to the disputed portion, finding that Miguela could not transfer land she did not own. The Court applied Civil Code provisions on ownership and contracts, ruling that defendant's claim was fraudulent and that he possessed the land in bad faith. The decision established important precedent on property rights and the principle that one cannot transfer what one does not own.

Statutes applied

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By the Intellegal Editorial Board · July 28, 1916

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