Title
Toribio JovellaNo. et al. vs. Maria G. Dimalanta
Case
G.R. No. L-11736-37
Decision Date
Jan 30, 1959
Double sale of land: first buyer unregistered, second buyers recorded adverse claim first; Supreme Court ruled second buyers own due to priority of registration under Article 1473.

Case Summary (G.R. No. L-11736-37)

Factual Background

On April 28, 1941, the disputed land was sold by Rosario Costes Dimalanta to Maria G. Dimalanta, documented in public document Exh. "A". Subsequently, on June 12, 1943, the same vendor sold the same property to Toribio Jovellanos and Barbara L. Manuel, as per Exh. "C". None of these transactions were registered under sections 50 and 51 of Act 496 due to the land not being fully segregated. However, on July 21, 1943, Jovellanos and Manuel filed a statement of adverse claim with the Registrar of Deeds and sought a court order to register their deed of sale. In response, on August 4, 1943, Maria Dimalanta filed an opposition and sought to have her deed registered as well.

Concurrent Legal Proceedings

During the pendency of the registration petitions, Maria Dimalanta initiated Civil Case No. 122 in the Court of First Instance of Pangasinan, asserting her ownership of the property and seeking to enjoin the defendants from entering the premises. The two separate but related cases were tried together.

Decision of the Court of First Instance

On July 24, 1956, the Court of First Instance concluded that, assuming both sales were genuine and conducted in good faith, the second purchasers, Jovellanos and Manuel, were the lawful owners of the disputed property due to their priority in recording their adverse claim and their first actual possession of the land.

Appeal and Legal Basis

Maria Dimalanta appealed to the higher court, challenging the lower court's ruling and its purported inconsistencies with established precedents in Quimson vs. Rosete and Sanchez vs. Ramos. The legal principles invoked stem from Article 1473 of the Civil Code of 1889, which governs ownership transfer based on possession and registry.

Application of Civil Code Provisions

The court highlighted that under Article 1473, particularly the second paragraph, the preference is given to the purchaser who first records their sale. Section 110 of the Land Registration Act establishes that an adverse claim record is effective until declared invalid by a competent cour

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