G.R. Nos.

L-21703-04 August 31, 1966

MATEO H. REYES and JUAN H. REYES (brothers)

vs.
MATEO RAVAL REYES (son of Mateo H Reyes)

Facts:

 Mateo (father), Juan and Francisco (+) are owners of OCT 22161 (Lots
15891,15896,15902,15912) and OCT 8066 (lots 20481,20482)
 These were issued pursuant to the decree of registration on May 31, 1940.
 (1st petition) Brothers Mateo and Juan filed a motion for issuance of Writ of Possession of ALL
mentioned properties. However,
 Mateo (son) opposed the motion stating that:
-he is in possession of lots under OCT 22161 and 1/3 of OCT 8066 thru writ of absolute sale with
respect to the 1/3 share of deceased Francisco.
 Upon MR, RTC writ of possession of first 2 lots under OCT 22161. Son Mateo did not appeal.
 (2nd petition) 2 brothers filed a subsequent ordinary civil action to recover lots of their value and
moral damages against son Mateo as defendant who otherwise pleaded for counterclaim.
 According to son Mateo, writ of possession is valid only with respect to petitioner’s undivided
share 2/3 hence he is not estopped from raising issue on the 1/3 share from Francisco, which he
allegedly bought from him.
 As per brothers, they have already obtained Special power of attorney from heirs of deceased
brother Francisco.
(No CA as the case is pure Question of law)

Issue: Who has better right? Brothers Mateo and Juan or son Mateo?

Held:

The brothers.

 The Court see no valid and plausible reason to justify, on this ground, the withholding from the
registered owners, such as the petitioners-appellants herein, the custody and possession of the
owners' duplicates of certificates of title. In a decided case, this Court has already held that the
owner of the land in whose favor and in whose name said land is registered and inscribed in the
certificate of title has a more preferential right to the possession of the owners' duplicate than
one whose name does not appear in the certificate and has yet to establish his right to the
possession thereto.

 respondent to retain the custody of the owners' duplicates of certificates of titles.