ESGUERRA vs TRINIDAD Case Digest

FELICIANO ESGUERRA, et al. v. VIRGINIA TRINIDAD, et al.

518 SCRA 186 (2007, SECOND DIVISION (Ca!"#$ %$!ale&, '.
What really defines a piece of ground is not the area, calculated with more or less
certainty, mentioned in its description, but the boundaries therein laid down, as
enclosing the land and indicating its limits.
FACTS( Felipe Esguerra and Praxedes de Vera (Esguerra spouses) owned several parcels of
land half of which they sold to their grandchildren Feliciano, Canuto, Justa, Angel, Fidela,
Clara and Pedro, all surnaed Esguerra! "he spouses sold half the reaining land were sold
their other grandchildren, the #rothers Eulalio and Julian "rinidad!! $u#se%uentlly, the
Esguerra spouses executed the necessary &eeds of $ale #efore a notary pu#lic! "hey also
executed a deed of partitioning of the lots , all were a#out ',((( s%uare eteres each!
Eulalio "rinidad ("rinidad) later sold his share of the land to his daughters! &uring a cadastral
survey conducted in the late )*+(s, it was discovered that the ',(((,s%uare eter portion of
Esguerra-s parcel of land sold to "rinidad actually easured +,.+/ s%uare eters!

Feliciano Esguerra (Feliciano), who inha#its the lot #ordering "rinidad, su#se%uently filed a
otion for nullification of sale #etween the Esguerra spouses and "rinidad on the ground that
they were procured through fraud or isrepresentation! Feliciano contended that the
stipulations in the deed of sale was that "rinidad was sold a ',((( s%uare eter lot! "he
#oundaries stipulated in the contract of sale which extend the lot-s area!
0oth cases were consolidated and tried #efore the 1"C which, after trial, disissed the
cases! 2n appeal, the appellate court also disissed the cases3 and su#se%uently, the otion
for reconsideration was also denied!
ISSUES( 4hether or not the Appellate Court erred in holding that the description and
#oundaries of the lot override the stated area of the lot in the deed of sale
)ELD( 4here #oth the area and the #oundaries of the iova#le are declared, the area
covered within the #oundaries of the iova#le prevails over the stated area! 5n cases of
conflict #etween areas and #oundaries, it is the latter which should prevail!
4hat really defines a piece of ground is not the area, calculated with ore or less certainty,
entioned in its description, #ut the #oundaries therein laid down, as enclosing the land and
indicating its liits! 5n a contract of sale of land in a ass, it is well esta#lished that the
specific #oundaries stated in the contract ust control over any stateent with respect to the
area contained within its #oundaries! 5t is not of vital conse%uence that a deed or contract of
sale of land should disclose the area with atheatical accuracy! 5t is sufficient if its extent is
o#6ectively indicated with sufficient precision to ena#le one to identify it! An error as to the
superficial area is iaterial! "hus, the o#ligation of the vendor is to deliver everything within
the #oundaries, inasuch as it is the entirety thereof that distinguishes the deterinate
o#6ect!
7nder the "orrens $yste, an 2C" en6oys a presuption of validity, which correlatively
carries a strong presuption that the provisions of the law governing the registration of land
which led to its issuance have #een duly followed! Fraud #eing a serious charge, it ust #e
supported #y clear and convincing proof! Petitioners failed to discharge the #urden of proof,
however!
"he sae rule shall #e applied when two or ore iova#les are sold for a single price3 #ut
if,
#esides entioning the #oundaries, which is indispensa#le in every conveyance of real
estate, its area or nu#er should #e designated in the contract, the vendor shall #e #ound to
deliver all that is included within said #oundaries, even when it exceeds the area or nu#er
specified in the contract3 and, should he not #e a#le to do so, he shall suffer a reduction in the
price, in proportion to what is lac8ing in the area or nu#er, unless the contract is rescinded
#ecause the vendee does not accede to the failure to deliver what has #een stipulated!
5n fine, under Article )'9., what is controlling is the entire land included within the #oundaries,
regardless of whether the real area should #e greater or saller than that recited in the deed!
"his is particularly true since the area of the land in 2C" :o! (,+9*/ was descri#ed in the
deed as ;huigit 8uulang,; that is, ore or less!
A caveat is in order, however! "he use of ;ore or less; or siilar words in designating
%uantity covers only a reasona#le excess or deficiency! A vendee of land sold in gross or with
the description ;ore or less; with reference to its area does not there#y ipso facto ta8e all
ris8 of %uantity in the land!