Case Digest (G.R. No. 109410)
Facts:
The case involves Clara M. Balatbat as the petitioner and the Court of Appeals along with spouses Jose Repuyan and Aurora Repuyan as respondents. The events leading to this case began on June 15, 1977, when Aurelio A. Roque filed a complaint for partition (Civil Case No. 109032) against several defendants, including his children, in the Court of First Instance of Manila. The defendants were declared in default, and the trial court ruled in favor of Roque on March 29, 1979, establishing his entitlement to a half share of a property covered by Transfer Certificate of Title No. 51330, which was acquired during his marriage to Maria Mesina. Following the decision, a new title (TCT No. 135671) was issued on October 5, 1979, reflecting the shares of the heirs.
On April 1, 1980, Aurelio A. Roque sold his 6/10 share of TCT No. 135671 to spouses Aurora and Jose Repuyan. An affidavit of adverse claim was subsequently annotated on the title on July 21, 1980. However, on August 20, 198...
Case Digest (G.R. No. 109410)
Facts:
Background of the Property
- On June 15, 1977, Aurelio A. Roque filed a complaint for partition (Civil Case No. 109032) against his children over a house and lot in Manila, which he acquired with his deceased wife, Maria Mesina. The court ruled in his favor on March 29, 1979, awarding him a 6/10 share of the property, with his children each receiving a 1/10 share.
- On June 2, 1979, the decision became final. On October 5, 1979, the Register of Deeds issued Transfer Certificate of Title (TCT) No. 135671 in the names of Aurelio Roque (6/10 share) and his children (each with a 1/10 share).
First Sale to the Repuyans
3. On April 1, 1980, Aurelio Roque sold his 6/10 share to spouses Jose and Aurora Repuyan for P50,000, with a down payment of P5,000 and the balance to be paid after partition and subdivision.
4. On July 21, 1980, Aurora Repuyan annotated an adverse claim on TCT No. 135671, asserting her interest in the property.
Rescission Attempt and Second Sale
5. On August 20, 1980, Aurelio Roque filed a complaint for rescission of the sale (Civil Case No. 134131) due to the Repuyans' failure to pay the P45,000 balance. The court dismissed the complaint on April 15, 1986, declaring the sale valid and enforceable.
6. On February 4, 1982, Aurelio Roque and his children, represented by the Clerk of Court, sold the same property to Clara Balatbat.
Litigation Between Balatbat and Repuyans
7. Clara Balatbat filed a motion for a writ of possession, which was granted on September 14, 1982, but it was subject to the rights of third parties.
8. On December 9, 1988, Balatbat filed a complaint against the Repuyans for delivery of the owner's duplicate copy of TCT No. 135671. The trial court dismissed the complaint, and the Court of Appeals affirmed the decision with modifications.
Issue:
- (Unlock)
Ruling:
- (Unlock)
Ratio:
- Consummation of Sale: The sale to the Repuyans was consummated upon the execution of the public instrument, even if the balance of the purchase price was not paid. Ownership transfers upon delivery, either actual or constructive.
- Double Sale: The sale of the same property to both the Repuyans and Balatbat constitutes a double sale under Article 1544. The Repuyans, who first annotated their adverse claim, have a superior right over Balatbat.
- Good Faith: Balatbat cannot claim good faith as she failed to investigate the title or discover the adverse claim and pending litigation. Gross negligence in investigating the title equates to lack of good faith.
- Evidence Consideration: The Court of Appeals correctly considered the evidence presented by the Repuyans, even if not formally offered, as they were relevant to the case.