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CASE no.

Dear Mr. Simeon Flores:

Our law firm has investigated, as you requested, the course of action applicable against Charmaine
Verzosa for violating the contract of sale entered between the two of you. Based on the information that you
have given, there is a double sale, meaning a property was sold to two or more buyers with separate interests
by the same seller. The law applicable to such a case is Article 1544 of the Civil Code which states that if the
same immovable was sold to different vendees, “the ownership shall belong to the person acquiring it who in
good faith first recorded it in the Registry of Property. The ownership shall pertain to the person who in good
faith was first in the possession; and, in the absence thereof, to the person who presents the oldest title,
provided there is good faith.

In your case, it would seem that the other claimant is favored in accordance with the rule referred to.
A closer review of the law, however, would show that if you can argue that he is not a registrant in good faith,
you can challenge the interests of the other claimant. Based on the foregoing, it is evident that you have to
investigate if Kristina Buray is a registrant in good faith.

In the affirmative, Kristina Buray indeed has a better right to the property in accordance with Article
1544 of the Civil Code. In which case, your recourse is to sue the seller and demand rescission of the contract
with damages. However, if you can establish that Kristina Buray has knowledge of your claim or right to the
property before selling the title on his behalf, you can challenge her right to the property. In such a situation,
your recourse is to order the court to revoke the title given to Kristina Buray on account of her bad faith, and
to request that the same be transferred in your name on the basis of the deed of sale by the seller in your
favor.

We hope we've been able to address your concerns efficiently.

Sincerely yours,

Atty. Kristian Romeo L. Napiñ as


Case No. 2

Dear Mr. Jeffrey:

Based on the information that you have given, the sale between your father, Jeremiah, and Rosemarie
is void. The real estate mortgage over a conjugal property is void if the non-contracting spouse did not give
consent. Consent is essential with respect to the contract of mortgage which was entered by your father
involving the residential parcel of land belonging to the absolute community of property. We presume that
the system of absolute community of property is the applicable property relation since your parents were
married already married by the year 2000 when the Family Code of the Philippines was already in effect and
there is an absence of marriage settlement when you contracted such marriage. In this connection, the
provision of Article 96 of the said law will now apply : “The administration and enjoyment of the community
property shall belong to both spouses jointly.”

In the event that one spouse is incapacitated or otherwise unable to participate in the administration
of the common properties, the other spouse may assume the sole powers of administration. These powers do
not include the powers of disposition or encumbrance without the authority of the court or the written
consent of the other spouse. In the absence of such authority or consent, the disposition or encumbrance shall
be void.

However, the transaction shall be construed as a continuing offer on the part of the consenting
spouse and the third person, and may be perfected as a binding contract upon acceptance by the other spouse
or authorization by the court before the offer is withdrawn by either or both offerors. Since the subsequent
sale of the residential parcel of the land was void, you can recover the property from Rosemarie.

We hope we have been able to address your concerns efficiently.

Sincerely yours,

Atty. Kristian Romeo L. Napiñ as


Case No.3

Dear Mr. Benedict Babiera;

If you purchase a property that does not have a license to sell, the sale is still valid because nothing under PD
957 joint venture law states that the sale without license to sell will render the sale invalid. You may choose
between to cancel the contract and demand for a refund. Otherwise, you may file a petition to the court to
compel BRD holdings for specific perfomance for the execution of the deed of absolute sale.

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