Case Digest (G.R. No. L-29972)
Facts:
Rosario Carbonell v. Honorable Court of Appeals, Jose Poncio, Emma Infante and Ramon Infante, G.R. No. L-29972, January 26, 1976, Supreme Court First Division, Makasiar, J., writing for the Court.Petitioner Rosario Carbonell and respondent Jose Poncio (owner of TCT No. 5040) are relatives and neighbors in San Juan; both Carbonell and respondent Emma Infante offered to buy Poncio’s parcel (about 195 sq. m.). On January 27, 1955 Poncio and Carbonell executed a short memorandum in the Batanes dialect (Exhibit A) whereby Poncio acknowledged a sale to Carbonell and reserved the right to occupy the lot rent‑free for one year; Carbonell paid P247.26 toward Poncio’s mortgage arrears and undertook to assume the mortgage. Carbonell later brought a formal deed and additional payment but Poncio told her he could not proceed because he had already sold the lot to Mrs. Infante. Carbonell registered an adverse claim on February 8, 1955; Infante’s deed (dated February 2, 1955) was registered February 12, 1955 and the mortgage was redeemed by Infante. Infante put up improvements and a house during the pendency of the litigation.
At the trial court: an April 26, 1956 order dismissed Carbonell’s complaint for failure to comply with the Statute of Frauds; the Supreme Court reversed that dismissal on May 12, 1958 (L‑11231), ruling partial performance removed the Statute of Frauds bar and remanding for trial. After trial, the court entered a December 5, 1962 decision declaring the sale to Infantes void and ordering conveyance to Carbonell; the court thereafter granted a new trial and on January 20, 1965 dismissed Carbonell’s complaint. Carbonell appealed to the Court of Appeals.
The Court of Appeals (Fifth Division) on November 2, 1967 reversed the trial court and awarded the property to Carbonell, ordering Infantes to reconvey after reimbursement. On motion for reconsideration the Court of Appeals (Special Division of Five) on October 30, 1968 granted reconsideration, annulled the November 2, 1967 decision, and affirmed the court a quo’s January 20, 1965 di...(Subscriber-Only)
Issues:
- Under Article 1544 of the Civil Code, did Carbonell, as first buyer and first registrant of an adverse claim, have superior title to the disputed registered land over Infante?
- Was Infante in bad faith in acquiring and registering the property, and what are the respective rights as to improvements (reimbursement or removal) when the possessors are bad faith possessors?
- Was the private memorandum (Exhibit A) and the acts of partial performance sufficient to remove the Statute of Frauds and to id...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
- (Subscriber-Only)