This case has been cited 4 times or more.
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2014-01-15 |
PERLAS-BERNABE, J. |
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| However, a higher degree of prudence is required from one who buys from a person who is not the registered owner, although the land object of the transaction is registered. In such a case, the buyer is expected to examine not only the certificate of title but all factual circumstances necessary for him to determine if there are any flaws in the title of the transferor.[35] The buyer also has the duty to ascertain the identity of the person with whom he is dealing with and the latter's legal authority to convey the property.[36] | |||||
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2012-07-11 |
REYES, J. |
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| A purchaser in good faith and for value is one who buys property of another, without notice that some other person has a right to, or interest in, such property, and pays a full and fair price for the same, at the time of such purchase, or before he has notice of the claim or interest of some other person in the property.[39] Good faith is the opposite of fraud and of bad faith, and its non-existence must be established by competent proof.[40] Sans such proof, a buyer is deemed to be in good faith and his interest in the subject property will not be disturbed. A purchaser of a registered property can rely on the guarantee afforded by pertinent laws on registration that he can take and hold it free from any and all prior liens and claims except those set forth in or preserved against the certificate of title.[41] | |||||
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2008-09-17 |
LEONARDO-DE CASTRO, J. |
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| In Bautista v. Court of Appeals,[16] we held that where the thing sold twice is an immovable, the one who acquires it and first registers it in the Registry of Property, in good faith, shall be the owner. | |||||
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2005-10-20 |
QUISUMBING, J. |
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| In Bautista v. Court of Appeals,[10] we held that where the thing sold twice is an immovable, the one who acquires it and first registers it in the Registry of Property, in good faith, shall be the owner. | |||||