Dañas, Maria Mengee D.

2018002501
LAW1301 Sec 11

CASE DIGEST #5:

FUDOT v. CATTLEYA LAND, INC.

G.R. No. 171008, September 13, 2007
TINGA, J.:

FACTS:
In July 1992, respondent-Cattleya Land, Inc. asked someone to check, on its behalf, the
titles of nine (9) lots, the subject land included, which it intended to buy from the spouses
Troadio and Asuncion Tecson. Finding no defect, the respondent purchased the nine lots to
Tecsons through a Deed of Conditional Sale in November 1992 and subsequently, a Deed of
Absolute Sale over the same properties in August 1993. The Deed of Conditional Sale and the
Deed of Absolute Sale were registered with the Register of Deeds. However, the Register of
Deeds, refused to actually annotate the deed of sale on the titles because of the existing notice
of attachment in connection with Civil Case No. 3399 pending before the Regional Trial Court of
Bohol. The attachment was eventually cancelled by virtue of a compromise agreement between
the Tecsons and their attaching creditor which was brokered by respondent.
On January 1995, petitioner-Fudot presented for registration before the Register of
Deeds the owner’s copy of the title of the subject property, together with the deed of sale
purportedly executed by the Tecsons in favor of petitioner on 19 December 1986.Cattleya Land,
Inc, sent a letter of protest/opposition to Fudot’s application having learned that the Register of
Deeds had already registered the deed of sale in favor of Fudot and issued a new title in her
name.
On May 1995, Cattleya Land, Inc. filed its Complaint for Quieting Of Tile &/Or Recovery
Of Ownership, Cancellation Of Title With Damages before RTC of Tagbiliran City. On June
1995, Asuncion Tecson filed a complaint-in-intervention, claiming that she never signed any
deed of sale covering any part of their conjugal property in favor of petitioner. She averred that
her signature was forged. However, Fudot alleged that the spouses Tecson had sold to her the
subject property for P20,000.00 and delivered the owner’s copy of the title to her. She claims
that she subsequently presented the said title to the Register of Deeds but the latter refused to
register the same because the property was still under attachment.

ISSUE:
Whether or not Fudot has a better right as the first buyer of the subject property in
accordance with Article 1455 of the Civil Code on double sale.

RULINGS:
 No. The sale between Fudot and Sps. Tecson was null and void because Asuncion’s
signature was forged in the deed. Art. 1544 of the Civil Code applies only to a situation where
the same property is validly sold to different vendees. In this case, there is only one sale to
advert to, that between the spouses Tecson and respondent-Cattleya Land Inc. Thus, there is
no double sale.
Also, according to the rules as to preference of ownership when there is a double sales in case
of real property, the first registrant in good faith is preferred, if none, the first possessor in good
faith and if none, the person with the oldest title in good faith.