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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