Practice question
A plaintiff presents a title describing Lot A but seeks possession of Lot B. Reliable evidence does not connect the title’s description to the parcel occupied by the defendant. The plaintiff says possession of any title is enough. Which is correct?
- Any title proves ownership of every neighboring lot
- The defendant must surrender Lot B without identification
- The court may ignore all descriptions
- The plaintiff must establish the identity of the property and connect the asserted ownership to the parcel sought; the mismatch is material
- The lot automatically becomes public dominion
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, Article 434
- https://lawphil.net/statutes/repacts/ra2021/ra_11576_2021.html — RA 11576, sections 1–2
- https://lawphil.net/judjuris/juri2023/jun2023/gr_256924_2023.html — Spouses Veloso v. Banco de Oro Unibank, Inc., G.R. No. 256924, June 14, 2023
- https://lawphil.net/judjuris/juri2012/nov2012/gr_169380_2012.html — G.R. No. 169380, distinction among ejectment, publiciana and ownership recovery
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