Petitioner
Marciano Rivera
Respondent
Ong Che
Citation
G.R. No. 11176
Court
Supreme Court
Division
First Division
Ponente
Street, J.
Decided
December 21, 1917

Summary

This 1917 Supreme Court case involved competing ownership claims over machinery and boilers. Rivera purchased items from Cresanto Lichauco in January 1912 but never took possession, while Ong Che later purchased overlapping items from Lichauco Brothers in February 1912 and immediately took possession. The Supreme Court affirmed the lower court's ruling favoring Ong Che, applying Civil Code Article 1473 which gives better title to a purchaser who acquires possession first. The Court emphasized that Ong Che was a good faith purchaser with lawful possession, creating a presumption of ownership under Section 334(10) of the Code of Civil Procedure. The case establishes important precedent regarding property rights and the significance of possession in determining ownership disputes between competing purchasers from the same seller.

Statutes applied

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By the Intellegal Editorial Board · December 21, 1917

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