363 SCRA 87


A subsequent owner of a parcel of land was successful in registering the land. Prior to this registration, Soriano was already occupying the subject land as sub-lessee for around 15 years. May a successful registrant oust validly one whose security of tenure rights is pending with the DARAB?


1. Ownership and possession are distinct legal concepts. There is ownership when a thing pertaining to one person is consistent with the rights of others. Ownership confers certain rights to the owner, among which are the right to enjoy the thing owned and the right to exclude other persons from possession thereof. On the other hand, possession is defined as the holding of a thing or enjoyment of a right. Possession may be in the concept of owner or concept of holder.

2. A judgment in a land registration case cannot be effectively used to oust the possessor of the land, whose security of tenure rights are being determined by the DARAB.