230 SCRA 577


Juana Guitierrez sold a parcel of land lot 4221, to Buenaventura by a deed of sale. In the deed,it was stated the estimated area of 822.5 square meters and the bounderies of the lot. Subsequently, Buenaventura sold the said lot to his nephew who in turn sold the lot to the petitioner with the very same bounderies mentioned in the deed of sale executed in his favor by his uncle Buenaventura An.


Is the sale of lot 4221 includes the whole 1,377 square meters or estimated 822.5 square meters?


Reversed and set aside. Reinstating the decision of MCTC dated May 4, 1983. Where land is sold for a lump sum and not so much per unit of measure or number, the bounderies of the land stated in the contract determine the effects and scope of the sale, not the area thereof. The vendors are obligated to deliver all the land included within the bounderies, regardless of whether the real area should be greater or smaller than that recited in the deed. This is particularly true where the area is described as ‘’humigit kumulang” that is more or less.

*Case digest by Jan Robert M. Corre, JD-4, Andres Bonifacio Law School, SY 2019-2020