This case has been cited 2 times or more.
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2014-02-26 |
PEREZ, J. |
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| Succinctly, for a valid mortgage to exist, ownership of the property is an essential requisite.[27] | |||||
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2013-09-23 |
DEL CASTILLO, J. |
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| But petitioners downplayed respondents' documentary evidence as unreliable for being unnotarized and unregistered compared to their TCT No. PT-122311 which was duly issued after the Reyeses failed to redeem the property and they (petitioners) consolidated their title thereto. However, "between an unrecorded sale of a prior date and a recorded mortgage of a later date the former is preferred to the latter for the reason that if the original owner had parted with his ownership of the thing sold then he no longer had the ownership and free disposal of that thing so as to be able to mortgage it again."[90] | |||||