Dear Atty. Angela,

Way back in 1995, my wife and I purchased a 500 square-meter land in Laguna from the heirs of the deceased registered owner. After we executed the Deed of Sale, we fenced the premises and eventually built a house in the lot. We likewise consistently paid real estate taxes. After 30 years, a man appeared in our property, destroyed the fence surrounding our home and built his own posts. He showed to us a title over the property we live in and claimed that he is the legal owner. Turns out, the property description in our deed of sale (Lot 7) was erroneous and referred to a different lot (Lot 9) which is actually way bigger than our property. Was the sale executed in 1995 valid and can we impugn the ownership of the man claiming our lot?

Gary

Dear Gary,

Yes, under the Civil Code, a written document may be corrected when, because of a mistake, it does not express the parties’ actual agreement. The person claiming ownership, should have investigated the property’s status before buying it, especially since you were already in possession.

In the case of Spouses Abay v. Spouses Young, G.R. No. 266298 (3 December 2025), the Supreme Court explained that a contract may be reformed or corrected if: (1) the parties agreed on the transaction; (2) the written document does not express their true agreement; and (3) the error was caused by a mistake, fraud, accident, or unfair conduct.

The SC reiterated its rulings in previous cases where a deed of sale failed to accurately describe the land intended by the parties. In these situations, the sale remains valid, and the contract may be corrected to reflect the parties’ true agreement.

It stressed that people usually buy property based on what they see on the ground, such as its boundaries, landmarks, and improvements, not just its technical lot number. Ordinary buyers cannot be expected to identify property based only on survey descriptions or legal documents.

In your case, it is clear that there was a valid purchase in 1995. First, you purchased the property from direct heirs of a deceased owner. Second, the deed did not reflect what the parties intended where you believe you owned Lot 9 (not Lot 7) and you have shown ownership through continuous possession and payment of taxes. Third, the incorrect property description in the deeds resulted from a mistake where it used to be part of a larger estate undergoing settlement.

Finally, the man is not a buyer in good faith. Long before they bought the property, you had openly occupied, enclosed it with a fence, and even built a house. A simple inspection of the property or inquiry would have revealed these facts. Since he failed to take this step, he could not claim good faith to defeat your earlier rights.

Atty. Angela Antonio