EQUATORIAL REALTY DEVELOPMENT V. MAYFAIR THEATRE 370 SCRA 56 Possession

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Category: Property, Ownership and Its Modifications

EQUATORIAL REALTY DEVELOPMENT V. MAYFAIR THEATRE

370 SCRA 56

FACTS:

Follow-up case of the popular Equatorial case in OBLICON and SALES.

HELD:

1. Rent is a civil fruit that belongs to the owner of the property producing it by right of accession.

2. Ownership of the thing sold is a real right, which the buyer acquires only upon the delivery to him in any of the ways specified by law or in any other manner signifying an agreement that the possession is transferred from the vendor to the vendee. While the execution of a public instrument of sale is recognized by law as equivalent to delivery of the thing sold, such constructive or symbolic delivery, being merely presumptive, is deemed negated by the failure of the vendee to take actual possession of the land sold.