ATILANO v.

ATILANO

28 SCRA 134

Facts: Eulogio Atilano I subdivided his land into five parcels and sold one parcel to his brother Eulogio
Atilano II; and other lots to other people, while he kept one parcel for himself. His brother wanted to
partition the land and when the land was resurveyed, they found out that he was occupying the wrong
lot.

Issue: Whether or not Atilano II is entitled to the real lot stated in the deed or to the land he has been in
possession in the whole time.

Ruling: Atilano is entitled to the land he has been possession in the whole time. The Court used the ‘real
intent of the parties at the time of the sale’ basis. When one sells or buys real property, one sells or buys
the property as he sees it, in its actual setting and by its physical metes and bounds, not by the mere lot
number assigned to it in the certificate of title.