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Atilano V Atilano

Eulogio Atilano acquired a large lot of land and later divided it into five smaller parcels, labeled A through E. He mistakenly sold parcel A to his brother but gave him the title for parcel E. Over time, ownership of the parcels was transferred to others. When the mistake was discovered decades later, the heirs of the brother who received parcel E tried to claim ownership of parcel A, even though it had been possessed by others the whole time. The court ruled that the mistake in the title documents did not invalidate the original agreement and transaction between the parties. It ordered both sides to execute new title documents reflecting the parcels they had actually possessed over the decades.

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511 views2 pages

Atilano V Atilano

Eulogio Atilano acquired a large lot of land and later divided it into five smaller parcels, labeled A through E. He mistakenly sold parcel A to his brother but gave him the title for parcel E. Over time, ownership of the parcels was transferred to others. When the mistake was discovered decades later, the heirs of the brother who received parcel E tried to claim ownership of parcel A, even though it had been possessed by others the whole time. The court ruled that the mistake in the title documents did not invalidate the original agreement and transaction between the parties. It ordered both sides to execute new title documents reflecting the parcels they had actually possessed over the decades.

Uploaded by

dollyccruz
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Atilano v.

Atilano

Facts:

In 1916 Eulogio Atilano acquired lot 535 from Villanueva.

Atilano obtained a transfer certificate of title No. 1134 in his name, and in 1920, he had
the land divided into five parts (535 A, B, C, D, E). In May of the same year, after the lots had
been divided, Atilano - for the sum of P150.00 - sold parcel E to his brother (Atilano 2)

Parcels B, C, and D were sold to three others.

Eulogio Atilano eventually died, and the title for parcel A went to Ladisloa Atilano.

Meanwhile Atilano 2 just lost his wife so he wanted to partition his land between him and
his children. Atilano 2 had his land resurveyed only to realize that he had parcel A despite
his title saying he was the owner of parcel E (It’s so confusing because they have the same
names, sorry huhu, but basically, Atilano 2 and Ladisloa Atilano had their titles mixed up. Atilano
2 got the title for E but they had parcel A while Ladisloa had the title for A when he had parcel E)

Atilano 2 died, so his heirs offered up their lot in exchange Ladisloa Atilano’s lot.
Because parcel E was bigger than A, the heirs of Atilano 2 tried to take Ladisloa’s land using
their title (for Parcel E) as their claim.

Issue:
WON the mistake vitiated the consent of the parties?
WON the heirs of Atilano 2 are entitled to Ladisloa’s land?

Held:

The mistake did not vitiate the consent of the parties, or affect the validity and
binding effect of the contract between them. The new Civil Code provides a remedy for
such a situation by means of reformation of the instrument.

In this case, the deed of sale executed in 1920 need no longer reformed. The
parties have retained possession of their respective properties conformably to the real
intention of the parties to that sale, and all they should do is to execute mutual deeds of
conveyance.

WHEREFORE, the judgment appealed from is reversed. The plaintiffs are ordered to
execute a deed of conveyance of lot No. 535-E in favor of the defendants, and the latter
in turn, are ordered to execute a similar document, covering lot No. 595-A, in favor of the
plaintiffs. Costs against the latter.
Doctrine:

When one sells or buys real property - a piece of land, for example one sells or
buys the property as he sees it, in its... actual setting and by its physical metes and
bounds, and not by the mere lot number assigned to it in the certificate of title... the
portion correctly referred to as lot No. 535-A was already in the possession of the
vendee,... Eulogio Atilano II, who had constructed his residence therein, even before the
sale in his favor; indeed, even before the subdivision of the entire lot No. 535 at the
instance of its owner, Eulogio Atilano I.

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