Canuto Reyes

Vs
Jacinto Limjap

Penned by Justice Torres.

Facts:

Ireneo Felix, through his representative, requested for his parcel of land to be registered.
 The said land was located between the land of Braulia Cuepangco and Calle Martinez.
 And was acquired by purchase from its owner, Vicente Francisco Ayco.
 Free from all incumbrances and no one having any right and interest, Ireneo Felix conveyed
the said to parcel land by means of absolute deed to Canuto Reyes, the petitioner-appellee in
this case.
 However, a presentative of Jacinto Limjap made a written opposition to the application of land
registration, alleging that Jacinto Limjap was the owner and possessor of the land he bought
from Braulia Cuepangco.

Issue:

Whether or not, the said parcel land was the subject matter of the contract between Jacinto Limjap
and Braulia Cuepangco.

Ruling:

No. It was proven during the trial that Crisostomo Marero was the original owner of the land who sold
it to Ireneo Felix. And it does not appear in that Marero transferred his control over the property to
Braulia Cuepangco. And There was no possible reason that existed under the law for considering the
latter to be the lawful owner of the land; therefore, she could neither have disposed of it not sold it to
the opponent Limjap.

And considering that the land of the applicant was not the subject matter of contract, for the reason
that it did not belong to the vendor, Braulia Cuepangco, it can no wise be understood as included in
the instrument of sale, no matter what may be the terms of the document.

As provided for by Article 1283 now Article 1372, However general the terms of a contract may be,
they shall not be understood as included therein things and cases different from those with regard to
which the persons interested intended to contract.

“the notary public assured braulia Cuepangco that as the writing contained no clause providing for the
protection of purchaser from interference, nothing serious could happen.