MATHAY vs.

CA, SPS ATANGAN, SPS POBLETE, AND SPS TIRONA

GR. 115788 SEPT 15 1998

These are three consolidated cases from the above persons/SPOUSES

FACTS OF THE CASE:

Petitioners are registered owners of a land located in Tanza, Cavite as evidenced by a Deed of
sale. The title of the vendors were obtained by virtue of the decision in a civil case. Sps Mathay took
possession and paid corresponding realty property taxes. Defendants have enclosed a portion of said
property with a fence without the consent and will of the plaintiffs. The titles issued to defendants was
the product of forgery because it was based on alleged TCT in favor of Pedro Banayo and Pablo Pugay
who have no right whatsoever on the real estate in question. Upon investigation, it was certified by the
Bureau of Lands that the said title were falsified and forge. considering that the title of the defendants
have no legal and factual basis and the same was illegally , unlawfully and maliciously issued by the
register of deeds on the basis of forged and falsified. They say that the same may be cancelled and
defendants have no right to take possession of the real properties.

Issue:
1. Whether or not Mathay can be considered buyers in GF.
2. Whether or not sps respondents own the individual properties in question

Held:
1. Sps Mathay cannot be considered as purchases in GF prior to the fencing of the subj property
neither their nor their predecessors-in-interest ever possessed the same. The respondents were
not only in actual possession of the same but also built their houses and cultivated it and were
in full enjoyment of the fruits gathered therefrom. In addition, before the fence around subject
property was erected, private respondents communicated their objection to the fencing of the
area but they were ignored by the sps. Mathay who continued enclosing the premises in the
presence of the armed men emploted by them.
2. Sps. Respondent are the valid owners of the individual properties in question because all the
subsequent cert. of title including the petitioners title are void for the same were forged and
falsified. The execution of the deed of absolute sale by Pedro banayo and pABLO Pugay in favor
of Sps.Mathay showed that it did not comly with legal formalities and was not duly notarized.
Furthermore, the residence certificates of the vendors banayo and pugay appeared to be of
dubious source.