- 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.