Eugenio Cagaoan vs. Felix Cagaoan (G.R. No. L-17900, June 21, 1922, 43 Phil 554)

FACTS:
On November 3, 1915, Gregorio Cagaoan executed a deed of gift of four parcels of land situated in the municipality of Tayug, Province of Pangasinan, in favor of his son Felix Cagaoan and on October 26, 1918, he executed a similar deed in favor of his other son Eugenio Cagaoan for a parcel of land which, apparently, is the same as that described as parcel No. 4 in the deed of gift executed in favor of Felix. Both of the deeds of gift are free from formal defects and were duly accepted by the donees.

Eugenio was able to take possession of the donation he received, but he was not able to register the same. On the other hand, Felix was able to register his part.

HELD:
The case seems to use to be analogous to one where the same real property has been sold by the same vendor to two difference vendees. In such cases, under article 1473 of the Civil Code, the property goes to the vendee who first records his title in the registry of property. If the sale is not recorded by either vendee, the property goes to the one who first takes possession of its in good, faith, and in the absence of both record and possession, to the one who present oldest title, provided there is good faith. (It follows the rule of double sales.)