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about 3 ha., to the municipality forthe ground of a certain high school and had 4ha. converted into a subdivision. In 1963, shehad the remaining 21 ha. or 20.1!" s#. m.relocated by a surveyor upon re#uest of lessee$amon %over &ho complained of being

prohibited by municipal o'cials from cultivatingthe land. It &as then that she discovered that theparcel of land, more or less 4 ha. or 33,"4"s#.m. used by (etitioner )unicipality of*ictorias, as a cemetery from 1934, is &ithin herproperty.+orma euenberger &rote the )ayor of*ictorias regarding her discovery, demandingpayment of past rentals and re#uesting deliveryof the area allegedly illegally occupied by)unicipality of *ictorias. -hen the )ayorreplied that (etitioner bought the land she asedto be sho&n the papers concerning the sale but&as referred by the )ayor to the municipaltreasurer &ho refused to sho& the same.+orma euenberger /led a complaint forrecovery of possession of the parcel of landoccupied by the municipal cemetery. In itsans&er, petitioner )unicipality, by &ay of specialdefense, alleged o&nership of the lot, subect ofthe complaint, having bought it from imeona

%ingco *da. de itching sometime in 1934. helo&er court decided in favor of the )unicipality.n appeal $espondent appellate 5ourt setaside the decision of the lo&er court hence, thispetition for revie& on certiorari.Held:

It is epressly provided by la& that the thing soldshall be understood as delivered, &hen it isplaced in the control and possession of thevendee. -here there is no epress provisionthat title shall not pass until payment of theprice, and the thing gold has been delivered, titlepasses from the moment the thing sold is placedin the possession and control of the buyer.elivery produces its natural e7ects in la&, theprincipal and most important of &hich being theconveyance of o&nership, &ithout preudice tothe right of the vendor to payment of the price.-hen the sale is made through a public

instrument, the eecution thereof shall bee#uivalent to the delivery of the thing &hich isthe obect of the contract, if from the deed, thecontrary does not appear or cannot be clearlyinferred. he eecution of the public instrumentoperates as a formal or symbolic delivery of theproperty sold and authori8es the buyer to usethe document as proof of o&nership.$espondent +orma euenberger admitted that

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she inherited the land covered by ransfer5erti/cate of itle +o. 34036 from hergrandmother, &ho had already sold the land tothe petitioner in 1934: hence, she merelystepped into the shoes of her grandmother andshe cannot claim a better right than her

predecessorininterest.SPOUSES