Title
Aviles vs. Arcega
Case
G.R. No. 18341
Decision Date
Sep 18, 1922
House sold twice; defendants took possession, plaintiffs did not. Supreme Court ruled defendants as rightful owners, emphasizing possession over symbolic delivery under Civil Code.

Case Summary (G.R. No. 18341)

Factual Background

The controversy centers around two sales of the same house. The first sale occurred on October 10, 1917, when the house was sold by Venancio Alcantara and Vicenta Capulong to Generoso Aviles for P497. As per the agreement, the vendors were allowed to retain possession of the house for four months following the sale. The second sale took place on March 13, 1918, when Alcantara and Capulong sold the same property to Arcega and de Leon for P500, who subsequently took possession of the house.

Trial Court Proceedings

During the trial, both parties submitted a stipulation of facts that confirmed the essential points of the sales. The trial court ruled in favor of the defendants, declaring them the rightful owners of the house and dismissing the complaint filed by the plaintiffs. The plaintiffs then appealed, raising several errors in the trial court's judgment.

Legal Issues and Argument

The core legal questions raised in the appeal include: (1) which of the two sales resulted in the transfer of title to the property, and (2) whether it was erroneous for the trial court to declare the defendants as the owners of the house without an express request for such a declaration in their answer.

Ownership Transfer Analysis

Based on the stipulation of facts, the court highlighted that the plaintiffs never took possession of the property, while the defendants did so after their purchase. Under Article 1473 of the Civil Code, ownership is transferred to the person who first takes possession of the property. As the appellants admitted their failure to possess the house, the law favored the defendants. The court concluded that title was hence transferred to the defendants, as their possession was lawful and continuous, confirming their ownership.

Symbolic Delivery and Possession

The court analyzed the concept of symbolic delivery as outlined in Article 1462 of the Civil Code. Given the stipulation that the vendors would retain possession for four months, the execution of the sales document did not constitute symbolic delivery of possession. The stipulation expressly negated the assumption that possession would revert to the plaintiffs after the four months, leading to a determination that possession would not be presumed to have transferred subsequently.

Procedural Validity of the Judgment

On the procedural issue, the court found no error in the trial court’s declaration of the defendants as owners. The parties entered into a stipulation that the court needed to resolve who acquired the title to the house, effectively amendin

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