G.R. No. 31346 - Po Sun Tun vs. Price

Case Summary (G.R. No. 31346)

Background of the Property Transactions

On November 29, 1921, Gabino Barreto P. Po Ejap sold the land to Po Tecsi for P8,000. Subsequently, on June 21, 1923, Po Tecsi mortgaged the property to W. S. Price for P17,000, with the mortgage duly noted in the register of deeds on August 18, 1923. By December 17, 1924, Po Tecsi executed a deed of sale to Price for the same amount, which was recorded on January 22, 1925. Following this, Price sold the land to the Province of Leyte for P20,570 on February 16, 1927.

Cadastral Case and Subsequent Transactions

During the Tacloban Cadastral Case of 1918, the land was initially claimed by Gabino Barreto P. Po Ejap through his agent Po Tecsi, although later, W. S. Price and his wife were substituted as claimants. On March 17, 1927, the original certificate of title was issued in the names of Price and his wife, followed by the issuance of the transfer certificate of title to the Province of Leyte.

Power of Attorney and Subsequent Sales

On the same date of the original sale in 1921, Po Tecsi granted a general power of attorney to Gabino Barreto P. Po Ejap, allowing him to sell the land. Subsequently, Gabino sold the land to Jose H. Katigbak on November 22, 1923. This transaction was noted by the register of deeds, albeit not fully recorded. Katigbak later transferred the property to Po Sun Tun for P8,000 on October 12, 1927.

Possession and Initial Court Proceedings

The property was primarily possessed by W. S. Price and the Provincial Government of Leyte, with Po Sun Tun not having material control. Subsequently, Po Sun Tun initiated legal action in the Court of First Instance of Leyte, seeking possession of the property and claiming damages of P3,600. The trial court, presided over by Judge Causing, ruled in favor of the defendants, dismissing Po Sun Tun's claims and awarding costs against him.

Appellate Review and Legal Principles

On appeal, the principal argument by Po Sun Tun centered on the trial court's finding that the deed for the sale to Jose H. Katigbak had not been properly registered. The trial judge relied upon Article 1473 of the Civil Code, which stipulates that ownership of real property belongs to the purchaser who first records their title. The court examined the timeline of the transactions, confirming that Po Tecsi's deed to Price was registered on January 22, 1925, after Katigbak's deed, which was merely acknowledged as received on December 15, 1923, but not formally recorded.

Court's Determination on Registration

The court emphasized that mere presentation of a deed to the register of deeds does not equate to legal registration, citing established jurisprudence that defines registration as a formal entry in a public reg