68 SCRA 18


Plaintiffs Calixto Pasagui and Fausta Mosar bought a property in Leyte from Estaquia and Catalina Bocar and that corresponding document of sale was executed, notarized and recorded in the Registry of Deeds. Before they could take possession of the property, defendant spouses Ester T. Villablanca and Zosimo Villablanca illegally and without any right, took possession of the property harvesting coconuts from the coconut plantation thus depriving plaintiffs of its possession.

Despite Plaintiffs demanded to surrender the property and its possession, the latter failed or refused to return said parcel of land.


Whether or not the rule of the execution of public instrument is equivalent to delivery absolute.


Yes. It is true that the execution of the deed of absolute sale in a public instrument is equivalent to delivery of the land subject of the sale. This presumptive delivery only holds true when there is no impediment that may prevent the passing of the property from the hands of the vendor into those of the vendee. It can be negated by the reality that the vendees actually failed to obtain material possession of the land subject of the sale. It appears from the records of the case at bar that plaintiffs-appellants had not acquired physical possession of the land since its purchase.

*Case digest by Sherl Dianne S. Estoque, JD 3-, Andres Bonifacio Law School, SY 2019-2020