Petitioner
Jose Mas
Respondent
Timoteo Lanuza
Citation
G.R. No. 2058
Court
Supreme Court En Banc
Division
En Banc
Ponente
Carson, J.
Decided
December 22, 1905

Summary

This case involved a possession dispute over lot No. 120, Calle Clavel, Tondo, Manila. Plaintiff Jose Mas, administrator of Francisca Hilario's estate, sought possession based on a 1882 written agreement where defendants acknowledged Hilario's ownership and were granted permission to occupy the property. Defendants claimed they later discovered Hilario was merely an administratrix and had an agreement to purchase from the true owner, Joaquin Lao-Jico. The Supreme Court En Banc modified the trial court's judgment, ruling that while neither party proved ownership, the plaintiff administrator was entitled to possession under the terms of the 1882 agreement. The Court excluded defendants' evidence regarding the alleged purchase agreement and rejected their prescription claim since they occupied the property by express permission, not adverse possession.

Statutes applied

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By Intellegal Editorial Board · December 22, 1905

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