JUAN JABON, ALEJANDRO DIGAL, CANDIDO JABON, and PAULINO JABON,

Petitioners, v. HIPOLITO ALO, Judge of First Instance of Bohol, and SATURNINO alias
CATALINO YTEM, Respondents.

G.R. No. L-5094, August 7, 1952

FACTS

Saturnino alias Calino Ytem won a civil case for the declaration of ownership of a parcel of land
against Juan Jabon et al. The decision has become final. Later, a new judgment was rendered
which amended the final decision because Saturnino asked again the court, who at that instance
was Judge Hipolito Alo was presiding, and now ordered the Jabon's ejectment from the lot.
Jabon now appealed before the Supreme Court for the acts of the Judge

ISSUE

Whether or not a person who is declared not the owner— of which a final decision was rendered
— can legally possess the property since no judgment was rendered for legal possession? (YES)

RULING

Ownership is different from possession. A person may be declared owner, but he may not be
entitled to possession. The possession may be in the hands of another either as a lessee or a
tenant. A person may have improvements thereon of which he may not be deprived without due
hearing. He may have other valid defenses to resist surrender of possession. We, therefore, hold
that a judgment for ownership, does not necessarily include possession as a necessary incident.