Title
Bernas vs. Bolo
Case
G.R. No. CA-650
Decision Date
May 14, 1948
Land dispute: Simeon Paz's registered deed of cession nullified due to bad faith, as he knew of prior 1929 sale to Arcadio Bolo, who was declared rightful owner.

Case Summary (G.R. No. 202052)

Applicable Law

The primary legal provision in question is Article 1473 of the Civil Code, which dictates the rules regarding ownership of movable and immovable property in cases of multiple transfers to different vendees. The article establishes that ownership of personal property goes to the first possessor in good faith, while ownership of real property is awarded to the first purchaser who records the sale in the Registry of Deeds. If neither is recorded, good faith possession prevails, or, in absence of possession, the party with the oldest title prevails if acting in good faith.

Factual Background

The litigation centers on a parcel of land that underwent two transfers: first, to Arcadio M. Bolo on December 19, 1929, through a private document, and subsequently to Simeon B. Paz on April 29, 1939, via a duly notarized deed of cession that was registered in the Camarines Sur Registry of Deeds. The lower court ruled in favor of Paz based on the registered deed, asserting its priority over the unregistered private sale to Bolo.

Appellant's Argument

Arcadio M. Bolo contested the lower court's decision, alleging that Simeon B. Paz acted in bad faith when he acquired the land. Bolo argued that Paz was aware of the prior sale of the property to him and presented evidence to support this claim, including statements from a cross-complaint Paz had filed wherein he referred to the earlier transfer of the property by Lucio Botor to Bolo. Such claims indicated that Bolo had paid a debt of Botor to a third party, which Botor compensated with the land.

Court's Analysis

The court emphasized the foundational principle of good faith within the context of Article 1473. It concluded that Simeon B. Paz did not act in good faith, given his knowledge of the previous sale to Arcadio M. Bolo. The court noted that such knowledge nullified any claim Paz had to the property since his acquiring the land did not meet the good faith requirement. Thus, the deed of cession

...continue reading

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster, building context before diving into full texts. AI-powered analysis, always verify critical details.