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ManilaFIRST
DIVISION
GAUDENCIO
ELEIZEGUI,
Plaintiff-Appellee,
G.
R.
No. 18
September
12, 1901
-versus-
JOSEFA.
AREVALO,
Defendant-Appellant.
D E C I S I
O N
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.
Article
437 of the
General Regulations [Reglamento General] cannot be invoked by
the
petitioner, since said Article applies only to the registration of
possession.
It appears in the present case, moreover, that the written document
evidencing
the title of the petitioner was submitted to the Court below attached
to
the petition.
The
judgment appealed
from should, therefore, be reversed. It is so ordered.
Arellano, C.J.,
Torres, Cooper, Mapa and Ladd, JJ., concur. |
