Title
Expresscredit Ficing Corp. vs. Spouses Velasco
Case
G.R. No. 156033
Decision Date
Oct 20, 2005
Respondents purchased property in 1988, later discovering it was mortgaged by sellers. Despite foreclosure by petitioner, courts ruled respondents as good faith purchasers, voiding mortgage and foreclosure due to prior sale and possession.

Case Summary (G.R. No. L-10817-18)

Background Facts

On May 25, 1988, the respondents purchased a house and lot from the Garcia spouses on an installment basis, under the understanding that the title would be transferred free from encumbrances within 15 days of full payment. Although the property was still under construction, the respondents took possession after receiving the keys in August 1988. They subsequently encountered difficulties when the Garcia spouses explained that the title could not be delivered due to the need for reconstitution after a fire at the Quezon City Hall.

Discovery of Mortgage

The respondents later discovered that, contrary to the Garcia spouses' assurances, the property had been mortgaged to the petitioner for P250,000 on June 15, 1989, long after the sale to the respondents. The respondents filed a case for Quieting of Title and Specific Performance in October 1990 and recorded a notice of lis pendens on the property. The Garcia spouses were declared in default for not appearing in court.

Foreclosure Proceedings

In October 1992, despite the ongoing case and a court-issued Writ of Preliminary Injunction preventing any sale of the property, the petitioner foreclosed the property and emerged as the highest bidder at the auction. Following this, the petitioner obtained a Certificate of Title in its name, asserting ownership based on the foreclosure sale.

Regional Trial Court Decision

The Regional Trial Court ruled in favor of the petitioner, concluding that the petitioner was an innocent purchaser in good faith, believing that the title was in the name of the Garcia spouses and accepting the property as collateral without knowledge of any prior encumbrances. However, the court also acknowledged the respondents' rights to reimbursement for their expenditures on the property, given that they suffered due to the failure to register their Deed of Sale.

Court of Appeals Ruling

The respondents appealed the trial court's decision, and the Court of Appeals reversed the lower court's ruling. The appellate court declared the respondents as purchasers for value and in good faith, effectively nullifying the mortgage, sheriff's certificate of sale, and any title issued to the petitioner. The Garcia spouses were ordered to compensate the respondents for damages and litigation expenses.

Legal Issues Presented

The primary issue revolves around determining who holds the preferential right to the property: the respondents, who purchased it prior, or the petitioner, who acquired it through foreclosure. The petitioner argued that this situation represented a clear case of double sale, referencing Article 1544 of the Civil Code, which addresses rights in double sales of immovable property.

Good Faith Analysis

To ascertain who could be considered a purchaser in good faith, the court referenced prior

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