This case has been cited 2 times or more.
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2009-06-05 |
PUNO, C.J. |
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| SECTION 50. An owner of registered land may convey, mortgage, lease, charge, or otherwise deal with the same as fully as if it had not been registered. He may use forms of deeds, mortgages, leases, or other voluntary instruments like those now in use and sufficient in law for the purpose intended. But no deed, mortgage, lease, or other voluntary instrument, except a will, purporting to convey or affect registered land, shall take effect as a conveyance or bind the land, but shall operate only as a contract between the parties and as evidence of authority to the clerk or register of deeds to make registration. The act of registration shall be the operative act to convey and affect the land, and in all cases under this Act the registration shall be made in the office of register of deeds for the province or provinces or city where the land lies. (italics supplied) Hence, respondents may not be characterized as buyers in bad faith for having bought the property notwithstanding the registration of the first Deed of Absolute Sale under Act No. 3344. An improper registration is no registration at all. Likewise, a sale that is not correctly registered is binding only between the seller and the buyer, but it does not affect innocent third persons.[23] | |||||
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2004-06-21 |
PANGANIBAN, J. |
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| This principle is in full accord with Section 51 of PD 1529[14] which provides that no deed, mortgage, lease or other voluntary instrument --except a will -- purporting to convey or affect registered land shall take effect as a conveyance or bind the land until its registration.[15] Thus, if the sale is not registered, it is binding only between the seller and the buyer but it does not affect innocent third persons.[16] | |||||