This case has been cited 6 times or more.
|
2008-07-21 |
QUISUMBING, J. |
||||
| Anent the third issue, can petitioners be considered buyers in good faith? Our ruling on this point is: no, they cannot be considered buyers in good faith. For we find that petitioners were only able to register the sale of the property and Tax Declaration No. 16304 in their name; they did not have a Torrens title. Unlike a title registered under the Torrens System, a tax declaration does not constitute constructive notice to the whole world. The issue of good faith or bad faith of a buyer is relevant only where the subject of the sale is a registered land but not where the property is an unregistered land.[15] | |||||
|
2007-08-28 |
CORONA, J. |
||||
| Finally, it must be noted that Atty. Balguma, the notary public who notarized the SPA, testified that petitioner signed the document in his presence. The testimony of a notary public (who is an officer of the court) enjoys greater credence than that of an ordinary witness, specially if the latter's testimony consists of nothing more than mere denials.[20] Petitioner denied signing the aforementioned documents and invoked forgery but presented no competent evidence to support his accusation. His testimony paled in comparison with that of Atty. Balguma who stated in no uncertain terms that petitioner signed the documents in his presence. | |||||