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When Actual Knowledge of Purchaser Does Not Constitute Bad Faith
When Actual Knowledge of Purchaser Does Not Constitute Bad Faith
CASE
Facts:
Lot 246
D - C sold lot to D
- before finally acquiring, D
became aware of a
pending litigation
between A & B
Issue:
1) Whether D is a purchaser in good faith, notwithstanding his
knowledge of the pending litigation
2) Whether D acquired valid title to the property free from lien or
encumbrance
Ruling:
The decision of the court over the dispute of A and B will not divest
the right of D who has never been a party to the litigation.
—Nestor N. Pena, “Registration of Land Titles and Deeds”, 2008
Co-ownership Defined
Co-ownership is the right of commom dominion which two or more
persons have in a spiritual part of a thing, not materially or physically
divided.
—Sanchez Roman v. CA, 408 SCRA 540
Intangible share
May all the owners be issued a title over the whole property?
If the part sold happens to be his alloted share after partition, the
transaction is entirely valid.
Article 1623 of the New Civil Code requires that a deed of sale which
may be subject to a right of legal redemption exercised within thirty (30)
days from the date of written notice by the vendor, be not recorded in the
Registry of Property, unless accompanied by an affidavit of the vendor
that he has given written notice thereof to all possible redemptioners.
Purpose
Forclosed property
Writ of Possession
Upon the expiration of the redemption period of one year from the
registration of the sale, the right of the purchaser to the possession of the
foreclosed property becomes absolute.277 He is entitled to possession
following the consolidation of ownership in his name.278 The writ of
possession becomes a matter of right and its issuance to a purchaser in an
extrajudicial foreclosure is merely a ministerial function.279 The trial court
has no discretion on this matter."
—Justice Oswaldo D. Agcaoili, “Property Registration
Decree and Related Laws (Land Titles and
Deeds)”, 2018