- Petitioner
- Thos B. Aitken
- Respondent
- Julian La O
- Citation
- G.R. No. 11198
- Court
- Supreme Court En Banc
- Division
- En Banc
- Ponente
- Carson, J.
- Decided
- March 20, 1917
Summary
Aitken claimed ownership of a building through a chain of title: To Jan Co sold to To Cun under pacto de retro, who later sold to Aitken. However, the original landowner Apolonia Remigio had sued To Jan Co for unpaid rent and acquired the building through sheriff's sale. The Supreme Court applied Civil Code Article 1473 on conflicting sales, ruling that since the sale to To Cun was unregistered and Remigio was first to take possession in good faith, the building belonged to Remigio's estate. The Court held that execution sale purchasers are protected by recording statutes against unrecorded prior conveyances. This case establishes important precedent on property ownership conflicts and the rights of execution sale purchasers under Philippine civil law.