Cases in Land Registration
Cases in Land Registration
Cases in Land Registration
B.
C.
B.
44. Case
The law requires a higher degree of prudence from one who buys from a person who is not the
registered owner, although the land object of the transaction is registered. While one who buys
from the registered owner does not need to look behind the certificate of title, one who buys
from one who is not the registered owner is expected to examine not only the certificate of title
but all factual circumstances necessary for [one] to determine if there are any flaws in the title
of the transferor, or in [the] capacity to transfer the land.
45. Abad vs. Guimba, G.R. No. 157002, July 29, 2005
As between two innocent persons, the now who made it possible for the wrong to be done
should be the one to bear the resulting loss.
46. Legarda vs. Court of Appeals, 280 SCRA 642
As between two persons, both of whom are in good faith and both innocent of any negligence,
the law must protect and prefer the playful holder of a registered title over the transfer of a
vendor bereft of any transmissible rights.
47. Baltazar vs. Court of Appeals, 168 SCRA 354
Priority of Rights
Priority of Rights - He who is first in time is preferred in right. The act of registration in the
Registry of Deeds shall be the operative act to convey or affect the land insofar as third persons
are concer
48. Register of Deeds vs. PNB, 13 SCRA 46
Where two certificates of two include the same land, the certificate that is earlier in date
prevails.
49. Garcia vs. Court of Appeals, 95 SCRA 380