Case Summary (G.R. No. 200169)
Key Dates
- April 10, 1957: Petitioners filed a motion regarding Lot No. 21.
- May 10, 1957: Trial court granted the petitioners' motion concerning Lot No. 21.
- January 29, 1957: A deed of release of real estate mortgage was executed.
- May 6, 1957: Petitioners filed a motion regarding Lot No. 28.
- November 14, 1957: Court granted the petitioners' motion concerning Lot No. 28.
- September 30, 1960: The decision was rendered.
Applicable Law
The case primarily concerns the application of the Torrens System of land registration, particularly the effect of unrecorded sales and the annotations of notices of lis pendens according to the provisions of Act No. 496, as amended, and the rules of civil procedure as they were in force at the time.
Factual Background
The petitioners alleged that they purchased Lot No. 21 and Lot No. 28 from the original owners, providing that both lots were previously mortgaged to the Philippine National Bank. The transactions for both lots involved payments made by the respective buyers, Corazon J. Lacson and Marcelino Lalantakan. The vendors executed deeds of sale, yet only the transfer pertaining to Lot No. 21 was registered prior to a notice of lis pendens being filed due to an ongoing civil case related to the property ownership.
Legal Dispute
The central issue revolves around the validity of the sales to Corazon J. Lacson and Marcelino Lalantakan, as well as the effect of the notices of lis pendens which were annotated on the titles after the sales took place. The petitioners sought to cancel the notices of lis pendens that had been filed by the oppositors against the titles of the contested lots, arguing that their buyers had acquired the properties before the notices were annotated.
Court's Reasoning
The court held that while unrecorded sales enforce rights between the parties involved, those rights are ineffectual against third parties unless registered. According to Philippine law, registration is the operative act that conveys ownership. Thus, as the sales to Lacson and Lalantakan were not registered in a timely manner, they did not affect the rights of the oppositors. The court affirmed that the annotation of notices of lis pendens would remain effective against the properties because t
...continue readingCase Syllabus (G.R. No. 200169)
Case Overview
- This case involves appeals from orders issued by the Court of First Instance of Occidental Negros, acting as a land registration court in Cadastral Case No. 9, LRC (GLRO) Rec. No. 86.
- The appeals are designated as G.R. No. L-13389 and G.R. No. L-13390, both dated September 30, 1960.
G.R. No. L-13389 Details
- On April 10, 1957, Capitol Subdivision, Inc. and Montelibano Subdivisions filed a motion related to Lot No. 21 of subdivision plan No. Psd-12392, a portion of Lot No. 77 of the Silay Cadastre.
- The lot was registered under the names of Alfredo Montelibano and Alejandro M. Montelibano, equally.
- The lot was sold to Corazon J. Lacson and was to be paid for in installments.
- Prior to the sale, the vendors mortgaged the property to the Philippine National Bank, with the mortgage noted on TCT No. T-5979 as entry No. 4999.
- On September 24, 1954, the vendee, Corazon J. Lacson, paid the full price, and the vendors executed a deed of sale on the same date.
- On January 29, 1957, the mortgagee released the real estate mortgage on the parcel.
- On March 12, 1957, the opposing parties, Alfredo L. Montelibano and Concepcion Montelibano Hojilla, filed an action against Alfredo Montelibano, leading to a notice of lis pendens being annotated on the title.
- The petitioners sought to cancel the notice of lis pendens affecting Lot No. 21 and to obtain a transfer certificate of title for Cor