This case has been cited 4 times or more.
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2014-12-10 |
MENDOZA, J. |
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| The Court disagrees with the lower courts. They had completely overlooked the significance of a levy on execution. The doctrine is well-settled that a levy on execution duly registered takes preference over a prior unregistered sale. Even if the prior sale was subsequently registered before the sale in execution but after the levy was duly made, the validity of the execution sale should be maintained because it retroacts to the date of the levy. Otherwise, the preference created by the levy would be meaningless and illusory.[31] | |||||
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2008-09-19 |
QUISUMBING, J. |
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| Petitioner's reliance on the certified true copy of TCT No. 207131, which was given to her by Septem, is misplaced. It is settled that a person dealing with registered property is charged with notice only of such burdens and claims which are annotated on the title.[12] Yet, petitioner simply believed Septem's assurance that the title was clean and accepted a copy consisting only of the first page sans the dorsal page where respondent's mortgage was annotated. What is more, we find it hard to believe that petitioner did not compel the spouses Ricaza to register the sale in her favor and to have the proper title issued in her name. As a lawyer, petitioner should have been more circumspect in protecting her interests. | |||||
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2008-06-27 |
NACHURA, J. |
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| In this case, the preference created by the levy on attachment is not diminished by the subsequent registration of the prior sale to respondent. The attachment that was registered before the sale takes precedence over the latter.[11] Superiority and preference in rights are given to the registration of the levy on attachment; although the notice of attachment has not been noted on the certificate of title, its notation in the book of entry of the Register of Deeds produces all the effects which the law gives to its registration or inscription. | |||||
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2005-02-17 |
CHICO-NAZARIO, J. |
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| The settled rule is that levy on attachment, duly registered, takes preference over a prior unregistered sale.[17] This result is a necessary consequence of the fact that the property involved was duly covered by the Torrens system which works under the fundamental principle that registration is the operative act which gives validity to the transfer or creates a lien upon the land.[18] | |||||