This case has been cited 3 times or more.
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2006-10-27 |
CALLEJO, SR., J. |
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| An action may also be brought to prevent a cloud from being cast upon title to real property or any interest therein. A cloud is said to be a semblance of a title, either legal or equitable, or a cloud of an interest in land appearing in some legal form but which is, in fact, unfounded, or which it would be inequitable to enforce.[38] An action for quieting of title is imprescriptible until the claimant is ousted of his possession.[39] | |||||
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2003-04-09 |
CARPIO, J. |
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| The recording of the sale with the proper Registry of Deeds[37] and the transfer of the certificate of title in the name of the buyer are necessary only to bind third parties to the transfer of ownership.[38] As between the seller and the buyer, the transfer of ownership takes effect upon the execution of a public instrument conveying the real estate.[39] Registration of the sale with the Registry of Deeds, or the issuance of a new certificate of title, does not confer ownership on the buyer. Such registration or issuance of a new certificate of title is not one of the modes of acquiring ownership.[40] | |||||
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2000-03-07 |
DAVIDE JR., C.J. |
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| Anent the non- annotation of the Extrajudicial Partition with Deed of Absolute Sale in the reconstituted Original Certificate of Title No. RO-2856, the same does not render the deed legally defective. It must be borne in mind that the act of registering a document is never necessary to give the conveyance legal effect as between the parties[26] and the vendor's heirs. As between the parties to a sale, registration is not indispensable to make it valid and effective. The peculiar force of a title is exhibited only when the purchaser has sold to innocent third parties the land described in the conveyance. The purpose of registration is merely to notify and protect the interests of strangers to a given transaction, who may be ignorant thereof, and the non-registration of the deed evidencing said transaction does not relieve the parties thereto of their obligations thereunder.[27] Here, no right of innocent third persons or subsequent transferees of the subject lot is involved; thus, the conveyance executed in favor of AZNAR by private respondents and their predecessors is valid and binding upon them, and is equally binding and effective against their heirs.[28] | |||||