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SPS. FLORENTINO L. FERNANDEZ AND VIVENCIA B. FERNANDEZ v. CA

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GR No. 170172
2007-11-23
PINEDA v. ARCALAS
CHICO-NAZARIO, J.
True, that notwithstanding the preference given to a registered lien, this Court has made an exception in a case where a party has actual knowledge of the claimant's actual, open, and notorious possession of the disputed property at the time the levy or attachment was registered. In such situations, the actual notice and knowledge of a prior unregistered interest, not the mere possession of the disputed property, was held to be equivalent to registration.[29]