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Ching vs Enrile Case

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Case Digest: Levin vs. Bass LandTi C
Audiobooks Secretary of… Digest
Save Embed Share Print Justice vs.
Lantion, G.R. No.
Magazines 139465 (Jan. 18,
2000)
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Case: Double Sale.

First Sale-Not Registered in ROD, only Adverse Claim was registered.
Second Sale - Registered wit@ t@e ROD

C!"N# vs. $NR"%$

#.R. No. &'()*( Se+tember &*, L))M

Doctrine:

Facts:
The Spouse Ching purchased from a certain Raymunda La Fuente a 370-square
meter @ot @ocated at !arrio Tungtong" Las #i$as" covered %y TCT &o. '3()'. La
Fuente de@ivered to the spouses a du@y notari*ed +eed of ,%so@ute Sa@e Mith the
NMner/s +up@icate CertiPcate of Tit@e. The spouses then too1 physica@ possession of
the property.
2oMever" the conveyance Mas no registered %y the spouses in the RN+ as
prescri%ed %y Section S) of #+ )S45. 6nstead" the spouses eWecuted an ,8davit of
,dverse C@aim Mhich Mas recorded and annotated at the %ac1 of TCT &o. '3()'
re9ected in the :emorandum of ;ncum%rances under ;ntry &o. '(-(44(4. 6n the
meantime" the spouses continued to peacefu@@y and continuous@y possess the
property.
Three years after they purchased the property" the Ching spouses received a
&otice of Levy on ,ttachment and <rit of ;Wecution issued %y the RTC of #asig in
favor of the ;nri@e spouses. This notice Mas recorded at the dorsa@ portion of TCT &o.
'3()' under ;ntry &o. 3=33-4" Mhi@e the <rit of ;Wecution Mas inscri%ed under
;ntry &o. 3=3=-4. ,@so inscri%ed in the TCT is the CertiPcate of Sa@e dated >anuary
4(" )5'5 covering the disputed property in favor of the This
;nri@e document
spouses. is...
The Ching spouses then P@ed a #etition to Remove C@oud on or ?uiet Tit@e to Rea@
Read books, audiobooks, and more
#roperty asserting oMnership of the disputed property. Useful
The RTC renderedNot@udgment
useful
in Scribd
their favor upho@ding their superior rightViewover the property in vieM of the
½ of the ,8davit of ,dverse C@aim prior to the CertiPcate of Sa@e
registration
annotated in the
GET — On App
favor ofStore
the ;nri@e spouses.
The ;nri@e spouses appea@ed to the C," arguing that the RTC committed an error
in ru@ing that the Ching spouses had a %etter right over the propertyA a@@eging that
mere registration of the adverse c@aim of the Chings on the prior conveyance of the
property made %y La Fuente to them" %eing a vo@untary dea@ing Mith a registered
@and" Mas insu8cient. They further argued that the Chings shou@d have registered
the +eed of ,%so@ute Sa@e Mith the RN+ pursuant to Sec. S) of #+ )S45 in order to
protect their interest over the property and not mere@y register an adverse c@aim
under Section 70 of the same @aM. The ;nri@e spouses further insisted that the
annotated ,dverse C@aim of the petitioners had a@ready eWpired and thus" does not
oBer the Ching spouses any protection Mhen they acquired the property through
eWecution sa@e afterMards.
,@though the C, vieMed the prior sa@e of the @ot to the Chings as perfected and
consummated" it nonethe@ess reversed the RTC/s decision and uphe@d the ;nri@e
spouses/ preferentia@ right over the property. C, ru@ed in favor of the ;nri@es on the
ground that the Chings fai@ed to di@igent@y protect their interests %y fai@ing to
register the conveyance or transaction in the o8ce of Register of +eedsA and that
the ;nri@es as attaching creditors Mho registered the order of attachment and the
sa@e of the property to them as the highest %idders" acquired a va@id tit@e to the

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disputed property as against petitioners Mho had previous@y %ought the same
property from the registered oMner %ut fai@ed to register their deed of sa@e. 6t further
ru@ed that the ,8davit of ,dverse C@aim cannot %e considered su8cient notice to
third person @i1e the ;nri@es Mho Mere not aMare of the sa@e of the disputed @ot to
petitioners prior to the @evy on attachment.

"SSN$: <as the Court of ,pp ea@s correct to ru@e that the annotated adverse c@aim
P@ed %y the Ching spouses had a@ready prescri%ed due to the @apse of 30 days from
its registrationc
!eld: No, t@e CA committed an error Mhen it ru@ed that the annotated adverse
c@aim P@ed %y the Ching spouses had a@ready prescri%ed due to the @apse of the 30
day period from its registration.
Rationale:
>urisprudence dictates that a notice of adverse c@aim remains va@id even after the
@apse of the 30-day period as provided %y Section 70 of #+ )S45 and for as @ong as
there is no petition for its cance@@ation" the notice of adverse c@aim remains
su%sisting. 6n a petition for cance@@ation of adverse c@aim" a hearing must Prst %e
dis puted prThe
conducted. operty hearingas aga Mi@@ins t petthe
aBord itione rs Mho
parties an had previous@
opportunity toy prove
%ought thethe same
propriety
property from the registered
or impropriety of the adverse c@aim. oMner %ut fai@ed to register their deed of sa@e. 6t further
ru@ed that the ,8davit of ,dverse C@aim cannot %e considered su8cient notice to
third
"S SN$ person
: Can the @i1e ;nri@e
the ;nri@esspousesMho%e Mere not aMare
considered asof the sa@e
%uyers of thefaith
in good disputed
Mhen@ot theyto
petitioners
acquired theprior to the@ot
disputed You're Reading a Preview
@evy on attachment.
despite the annotated adverse c@aim on their tit@ec
!eld: No, t@e $nrile s+ouses cannot be considered as buyers in good /ait@ .
"SSN$:
Rati onale<as the Court
: The genera@ of ,pp
ru@eea@s correct
is that to ru@e that
a person the Mith
dea@ing annotated adverse
registered @and c@aim
is not
P@ed
re %y
quiredthe to Ching
go %eh ind Unlock
spouses had
the full
rea@ready
gis teraccess detwith
toprescri%ed
ermine adue
free to
the trial.
the @apse
condit ion ofof30 days
the profrom
perty.
its registrationc
2oMever" Mhen a person dea@ing Mith such @and has 1noM@edge of a prior eWisting
!eld:
inter No,
est Mhicht@e is CA committed
unre gistered atan the timeMhen
error it ru@ed
he acquir ed that theto
a right annotated
the sameadverse@and" his
c@aim P@ed %y
1noM@edge of the
thatChing spouses had a@ready
prior unregistered interest prescri%ed
has the eBect dueoftoregistration
the @apse ofto the him30as
day period from
1noM@edge Download With Free Trial
of anitsunregistered
registration. sa@e is equiva@ent to registration. The ;nri@es Mere
Rationale:
aMare of the Ching/s adverse c@aim on the property Mhich Mas annotated on the
>urisprudence
%ac1 of the TCT dictates
and that that
theya notice
Mere inofpossession
adverse c@aim of theremains
property. va@id eventhey
6n fact" after the
even
@apse
petitioned the RTC of #asig to send a &otice of Levy on ,ttachment and <rit as
of the 30-day period as provided %y Section 70 of #+ )S45 and for as @ong of
th
;Wer
eceutiis
onno to pe thtietion
Ching for Spo
its uscaesnc.e@Th@aties
one" 2e
thence"notith
cee of ad
;nri @evesprsou
e se
c@ai
sm cannorema t in
%es
su%sisting. 6n
considered asa%uyers
petitioninfor cance@@ation
good faith as these of adverse
facts c@aim"
shou@dahave hearing mustthem
pushed Prst %e to
conducted.
ascertain The property
if the hearing Mi@@ %eingaBord
oBered the toparties
theman has opportunity
not %een so@d to prove the propriety
to some%ody e@se.
or impropriety
,s apt@y o%served of the%y adverse
the RTC" c@aim.
regard@ess of the non-registration of the +eed of
,%so@ute Sa@e to petitioners" nor the 30-day eBectivity of the adverse c@aim under
"SSN$: 70
Section Can ofthe ;nri@e respondents
#+ )S45" spouses %e considered as %uyers
Mere constructive@y in good
notiPed faith Mhen prior
of petitioners/ they
acquired the
purchase of thedisputed
disputed @ot property
despite the . annotated adverse c@aim on their tit@ec
!eld: No, t@e $nrile s+ouses cannot be considered as buyers in good /ait@ .
Rationale: The genera@ ru@e is that a person dea@ing Mith registered @and is not
Notes:
required
Sec. '& to o/ go0D %eh &'L1indD Conveyance
the register and to det ermine
other the con
dea@ings %y dit ion of the
registered property.
oMner.E,n
2oMever"
oMner Mhen a person
of registered @and dea@ing
may convey" Mith such @and has
mortgage" 1noM@edge
@ease" charge of or aotherMise
prior eWisting
dea@
interest
Mith theMhich
same is in unre gistered Mith
accordance at the time he
eWisting acquir
@aMs. 2eed a right
may use to suchtheforms
sameof @and"
deeds"his
1noM@edge of that prior unregistered interest has the
mortgages" @eases or other vo@untary instruments as are su8cient in @aM. !ut no eBect of registration to him as
1noM@edge of an unregistered sa@e is equiva@ent to
deed" mortgage" @ease or other vo@untary instrument" eWcept a Mi@@ purporting to registration. The ;nri@es Mere
aMare
conveyof orthe
aBect Ching/s adverse
registered @andc@aim
sha@@ on ta1ethe property
eBect Mhich Mas annotated
as a conveyance or %ind theon the
@and"
%ac1 of the TCT and that they Mere in possession
%ut sha@@ operate on@y as a contract %etMeen the parties and as evidence of of the property. 6n fact" they even
petitionedtothe
authority theRTC of #asig
Register to send
of +eeds a &otice
to ma1e of Levy on ,ttachment and <rit of
registration.
;Wecution to the Ching Spouses. These 2ence" the ;nri@e spouses cannot %e
considered as %uyers in good faith as these facts shou@d have pushed them to
ascertain if the property %eing oBered to them has not %een so@d to some%ody e@se.
,s apt@y o%served %y the RTC" regard@ess of the non-registration of the +eed of
,%so@ute Sa@e to petitioners" nor the 30-day eBectivity of the adverse c@aim under
Section 70 of #+ )S45" respondents Mere constructive@y notiPed of petitioners/ prior
purchase of the disputed property.

Notes:
Sec. '& o/ 0D &'L1 D Conveyance and other dea@ings %y registered oMner.E,n
oMner of registered @and may convey" mortgage" @ease" charge or otherMise dea@
Mith the same in accordance Mith eWisting @aMs. 2e may use such forms of deeds"
mortgages" @eases or other vo@untary instruments as are su8cient in @aM. !ut no
deed" mortgage" @ease or other vo@untary instrument" eWcept a Mi@@ purporting to
convey or aBect registered @and sha@@ ta1e eBect as a conveyance or %ind the @and"
Sec. *), 0D &'L1: f<hoever c@aims any part or interest in registered @and adverse
%ut sha@@ operate on@y as a contract %etMeen the parties and as evidence of
to the registered oMner" arising su%sequent to the date of the origina@ registration"
authority to the Register of +eeds to ma1e registration.
may" if no other provision is made in this +ecree for registering the same" ma1e a
statement in Mriting" setting forth fu@@y his a@@eged right or interest" and hoM or
under Mhom acquired" a reference to the num%er of the certiPcate of tit@e of the
registered oMner" and a description of the @and in Mhich the right or interest is
c@aimed.
The statement sha@@ %e signed and sMorn to" and sha@@ state the adverse
c@aimant/s residence" and a p@ace at Mhich a@@ notices may %e served upon him. This
statement sha@@ %e entit@ed to registration as an adverse c@aim on the certiPcate of
tit@e. The adverse c@aim sha@@ %e eBective for a period of thirty days from the date of
registration. ,fter the @apse of said period" the annotation of adverse c@aim may %e
cance@@ed upon P@ing of a veriPed petition therefor %y the party in interest. #rovided"
hoMever that after cance@@ation" no second adverse c@aim %ased on the same
ground sha@@ %e registered %y the same c@aimant.G HChing vs. ;nri@e" S(S SCR,
=04I400'JK

Sec. *),*)2L3,0D &'L1:

0D &'L1: f<hoever c@aims any
,n adverse claimpart or@@interest
sha in registered
%e e4ective @andod
for a peri adverse
of 5)
to the/rom
days registered
t@e dateoMner" arising su%sequent to the date of the origina@ registration"
o/ registration.
may" if no other provision is made in this +ecree for registering the same" ma1e a
statement
0urc@aser in inMriting"
#ood /a setting
it@ - NneforthMho fu@@ypurchases
his a@@eged right
rea@ or interest"
estate and hoMofora
Mith 1noM@edge
under acquired" aYou're Reading a Preview
defect or @ac1 of tit@e in his vendor cannot c@aim that he has acquired tit@etit@e
Mhom reference to the num%er of the certiPcate of of the
thereto in
registered oMner" and a description of the @and in Mhich
good faith as against the true oMner of the @and or of an interest thereinA and the the right or interest is
c@aimed.
same ru@e must %e app@ied to one Mho has 1noM@edge of facts Mhich shou@d have
put The
him uponstatement sha@@
such inquiry Unlock
%e full access
andsigned with
and sMorn
investigation ato"
as mightfree%e trial.
and sha@@ state
necessary the adverse
to acquaint him
c@aimant/s
Mith residence"
the defects in theandtit@eaof
p@ace at Mhich a@@ notices may %e served upon him. This
his vendor.G
statement sha@@ %e entit@ed to registration as an adverse c@aim on the certiPcate of
tit@e. The
!ow adverse
is #ood c@aim
/ait@ sha@@ %e eBective
ascertained: for a @e
6t is capa% period of thirty
of %eing days
ascert ainedfromon@ythefrom
datethe
of
registration.
acts of one c@aiming Download With Free Trial
,fter theits@apse of saidfor
presence" period"
it is a the annotation
condition of theofmind
adverse
Mhich c@aim may %e
can on@y %e
cance@@ed
@udged %y upon
actua@P@ing of a veriPed
or fancied to1en petition
or signs.therefor %y the party in interest. #rovided"
hoMever that after cance@@ation" no second adverse c@aim %ased on the same
ground
Art. &'66 shao/@@ %e
t@ere gister
Civil ed %yDouble
Code. the sam e c@aimant.G HChing vs. ;nri@e" S(S SCR,
Sale.
=04I400'JK
fShou@d it %e immova%@e property" the oMnership sha@@ %e@ong to the person
acquiring it Mho in good faith Prst recorded it in the Registry of #roperty.
Sec. *)2L3,
Shou@d 0D %e
there &'L1: ,n adverse
no inscription" theclaim sha@@sha@@
oMnership %e e4ective
pertain tofo r aperson
the periodMho of 5)
in
days /rom t@e date o/ registration.
good faith Mas Prst in the possessionA and" in the a%sence thereof" to the person
Mho presents the o@dest tit@e" provided there is good faith.G,n finnocent purchaser
0urc
for @aserorinany
va@ueG #ood Nne Mho
/ait@nt- phrase
equiva@e purchases
sha@@ %e deemed rea@toestate Mith
inc@ude" 1noM@edge
under the Torrof
ensa
defect orthe
System" @ac1 of tit@e in
innocent his vendor
@essee" cannotand
mortgagee" c@aim thatencum%rancer
other he has acquired fortit@e
va@ue. thereto in
good faith as against the true oMner of the @and or of an interest thereinA and the
same ru@e must %e app@ied to one Mho has 1noM@edge of facts Mhich shou@d have
put him upon such inquiry and investigation as might %e necessary to acquaint him
Mith the defects in the tit@e of his vendor.G

!ow is #ood /ait@ ascertained: 6t is capa%@e of %eing ascertained on@y from the
acts of one c@aiming its presence" for it is a condition of the mind Mhich can on@y %e
@udged %y actua@ or fancied to1en or signs.

Art. &'66 o/ t@e Civil Code. Double Sale.

fShou@d it %e immova%@e property" the oMnership sha@@ %e@ong to the person
acquiring it Mho in good faith Prst recorded it in the Registry of #roperty.
Shou@d there %e no inscription" the oMnership sha@@ pertain to the person Mho in
good faith Mas Prst in the possessionA and" in the a%sence thereof" to the person
Mho presents the o@dest tit@e" provided there is good faith.G,n finnocent purchaser
for va@ueG or any equiva@ent phrase sha@@ %e deemed to inc@ude" under the Torrens
System" the innocent @essee" mortgagee" and other encum%rancer for va@ue.

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