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GAUDENCIO ELEIZEGUI, Plaintiff-Appellee, v. JOSEFA. AREVALO, Defendant-Appellant.
GAUDENCIO ELEIZEGUI, Plaintiff-Appellee, v. JOSEFA. AREVALO, Defendant-Appellant.
SYLLABUS
2. ID.; ID. — Nor can such claimant proceed under article 437 of the
general regulations for the execution of the Mortgage Law, which applies
only to the registration of declarations of possession.
The plaintiff presented to the court below a petition asking for an order for
the registration of certain real property situated in the city of Manila and
claimed by him, and attached to his petition the deeds upon which he
based his claim. The application was published in a newspaper of general
circulation, and within the time limited in the order of publication Josefa
Arevalo entered an appearance and made opposition to the petition with
respect to one of the several parcels claimed, and in support of her claim
presented a certificate showing the registration of her possessory rights to
the realty in question. The court below held that the proof of possessory
title presented by Josefa Arevalo was not sufficient to overcome the
documents presented by the petitioner, and which showed a right or
absolute dominion in him, and made an order directing the registrar to
record the petitioner’s title. Against this order defendant appealed.
DECISION
WILLARD, J.:
This case was initiated and carried on in reliance on the provisions of
article 395 of the Mortgage Law. The article referred to applies only to
cases in which the proprietor does not have a written title of ownership.
The applicant holds a written title to the property described in his petition.
Therefore he can not invoke the article referred to for the purpose of
registering his ownership.