Petitioner
Jesus Kho
Respondent
The Hon. Court of Appeals
Citation
G.R. No. 88445
Court
Supreme Court
Division
First Division
Ponente
Cruz, J.
Decided
June 17, 1993

Summary

This Supreme Court case involves a complex property dispute arising from misidentified lots in a Cebu subdivision. When Inocian sold lots through broker Osmeña in 1971, buyers Suson and Kho received wrong lot identifications, leading each to build on the wrong property. The Court applied Civil Code Article 1370, holding that evident intention prevails over contract words. Despite title certificates, the Court determined Suson actually bought Lot 2 (where he built) while Kho bought Lot 3. The decision established important precedent on contract interpretation and property rights when lot misidentification occurs, emphasizing substantial evidence over mere documentary titles. The case demonstrates how courts rectify registration errors to reflect true party intentions in real estate transactions.

Statutes applied

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By the Intellegal Editorial Board · June 17, 1993

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