Sunday, October 26, 2014

SOSTENES CAMPILLO VS CA GR No. L-56483 May 29, 1984



Facts: On February 27, 1961, Tomas de Vera and his wife FelisaSerafico sold two (2) parcels of land located in Tondo, Manilato Simplicio Santos. Said sale was however never presented for registration in the office of the Registry of Deeds of Manila nor noted in the title covering the property. Petitioner SostenesCampillo obtained a judgment for a sum of money against Tomas de Vera in Civil Case. That judgment became final and executory, and petitioner obtained an order for the issuance of a writ of execution which included the two (2) parcels of land which the latter previously sold to Simplicio Santos. On July 25, 1962, the parcels of land were sold at public auction in favor of petitioner who was issued the corresponding certificate of sale. After the lapse of one year, the City Sheriff executed the final deed of sale in favor of petitioner over the three (3) parcels of land levied and sold on execution and a corresponding new title was issued under Campillo. Claiming to be the owner of the two parcels of land by reason of the previous sale to him by Tomas de Vera, Simplicio Santos filed an action to annul the levy, notice of sale, sale at public auction and final deed of sale of Lots 1 and 2 in favor of petitioner Campillo, with damages. In resisting the complaint, the herein petitioner alleged that he is an innocent purchaser for value and that the supposed previous sale could not be preferred over the levy and sale at public action because it was not registered.
Issue: Who has the better right over the property?

Held: A sale of real estate, whether made as a result of a private transaction or of a foreclosure or execution sale, becomes legally effective against third persons only from the date of its registration. Consequently, and considering that the properties subject matter hereof were actually attached and levied upon at a time when said properties stood in the official records of the Registry of Deeds as still owned by and registered in the name of the judgment debtor, Tomas de Vera, the attachment, levy and subsequent sale of said properties are proper and legal. The net result is that the execution sale made in favor of the herein petitioner transferred to him all the rights, interest and participation of the judgment debtor in the properties as actually appearing in the certificate of title, unaffected by any transfer or encumbrance not so recorded therein.

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