Professional Documents
Culture Documents
Members: Carl Au
Joyce Baylon
Lanz Olivez
Jimuel Matias
Case to be Presented:
•Perez v. Mendoza 65 SCRA 480
Perez v. Mendoza 65 SCRA 480
Relevant Facts:
• Petra Montalbo, wife of Basilio Perez, and Felisa Montalbo are
named the two remaining heirs of Estanislao Montalbo for a 4, 765
sq.m. parcel of land in Brgy. Dagatan, Taysan, Batangas.
• They divided the land equally among themselves.
• In 1922, Felisa exchanged her share of the land to Andrea Montalbo,
her father’s sister.
• Andrea Montalbo then undertook to donate half of the said property
to the government for the creation of a school and the other half to
her daughter, Margarita Macalalad, wife of Nicolas Mendoza, as a
donation propter nuptias.
• Margarita and Nicolas (SPOUSES MENDOZA) had continuous
possession of the said property since 1927
• Petra and Basilio (SPOUSES PEREZ) filed an ejectment suit
against the Spouses Mendoza.
• The spouses Perez claims that after the
partition of the subject lot, the heirs of Felisa
sold their parcel to Petra and that the deed of
sale was lost a year after.
• They also alleged that they leased the said lot
to the spouses Mendoza in 1946 and when the
lease expired in 1951 they demanded for the
return of the land but the Mendozas refused.
Thus, the ejectment suit.
ARGUMENTS
Perez Mendoza
• There was a falsification • They had continuous
in the document possession of the
submitted by the subject lot since 1927
Mendozas to the Court • The subject lot was a
as evidence donation made by
• They are the owners of Andrea to the spouses in
the said lot based on the consideration of their
lost deed of sale marriage
Issue
• What is possession?
Answer
* Possession is an indicium of
ownership of the thing possessed and
to the possessor goes the presumption
that he holds the thing under a claim of
ownership.