This case has been cited 1 times or more.
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2014-09-29 |
REYES, J. |
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| In this case, two factors work against Rovira as a buyer in good faith. One, she cannot be considered a third person for purposes of applying the rule. Rovira does not deny that she is the daughter and an heir of Victor C. Alcantara, one of the parties to the contract to sell (and the contract of sale) executed in favor of Rotairo. "The vendor's heirs are his privies."[28] Based on such privity, Rovira is charged with constructive knowledge of prior dispositions or encumbrances affecting the subject property made by her father.[29] The fact that the contract to sell was unregistered became immaterial and she is, therefore, bound by the provisions of the contract to sell and eventually, the contract of sale, executed by her father in favor of Rotairo. | |||||