This case has been cited 2 times or more.
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2014-04-21 |
MENDOZA, J. |
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| To this latter finding, the Court agrees. The Saberons could not be said to have authored the entanglement they found themselves in. No fault can be attributed to them for relying on the face of the title presented by Marquez. This is bolstered by the fact that the RTC decision shows no categorical finding that the Saberons' purchase of the lots from Marquez was tainted with bad faith. That the Saberons should have harbored doubts against Marquez is too high a standard to impose on a buyer of titled land. This is in consonance to the rule that the one who deals with property registered under the Torrens system is charged with notice only of such burdens and claims as are annotated on the title.[9] "All persons dealing with property covered by Torrens certificate of title are not required to explore further than what the Torrens title upon its face indicates in quest for any hidden defect or inchoate right that may subsequently defeat his right thereto."[10] These rules remain as essential features of the Torrens system. The present case does not entail a modification or overturning of these principles. | |||||
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2004-01-29 |
AUSTRIA-MARTINEZ, J. |
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| Sixto died on May 17, 1974. It was only after his death that petitioners heard rumors that Sixto had, in fact, sold significant portions of the estate of Leocadio. It appears that on September 7, 1953, Sixto, without the knowledge and consent of the petitioners, executed an Affidavit of Transfer of Real Property stating therein that he was the only heir of Leocadio.[5] Sixto declared that Leocadio died on September 16, 1949, instead of the actual date of his death on March 19, 1945. With the use of said affidavit and a survey plan,[6] Tax Declaration No. 40105 in the name of Leocadio was cancelled and Tax Declaration No. 44984 was issued in the name of Sixto.[7] On August 29, 1957, Sixto sold to Maria Bacong a 160- square meter portion of the subject land.[8] On September 28, 1959, Sixto sold to Tiburcio Balitaan a 1,695 square meter portion of the same land.[9] Sometime in November 1967, Maria Bacong sold her property to Rosendo Bacong.[10] | |||||