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De Vera
PUNO, J.:
Facts:
Spouses Nicolas and Irene Tordesillas owned a
piece of land which their children Harod, Angela
and Rosario, and grandchildren Arnold and Lilia
de la Flor inherited. The heirs sold a part of the
land to Alberta Morales. Morales possessed the
lot as owner, constructed a house on it and
appointed a caretaker to oversee her property.
Arnold borrowed the Original Certificate of Title
(OCT) from Alberta covering the lot. Then, he
executed an Affidavit acknowledging receipt of
the OCT in trust and undertook to return said title
free from changes, modifications or cancellations.
However, Arnold used the OCT he borrowed from
the vendee Alberta Morales, subdivided the entire
lot into three sublots, and registered them all
under his name. Arnold did not return the OCT
belonging to Alberta despite repeated requests.
Arnold subsequently sold the land to spouses
Tomas and Sylvina Occea. When the respondent
heirs of Alberta learned of the sale, they filed a
case for annulment of sale and cancellation of
titles, with damages, against the Occea spouses,
alleging bad faith since the Occeas conducted
ocular inspection of the area before the purchase
and their caretaker warned them that Arnold is no
longer the owner of the lot being sold. On the
other hand, the Occea spouses alleged that they
were buyers in good faith as the titles to the
subject lots were free from liens or encumbrances
when they purchased them, that they verified
with the Antique Registry of Deeds that Arnolds
TCTs were clean and unencumbered. Lower court
G.R.No.138201
Ponente:
vs.
February 9, 2000
Buena, J.:
FACTS:
Baricuatro bought two lots, part of the Victoria Village, on
installments basis from Galeos on October 16, 1968.
Two months from the date of the previous sale, Galeos
sold the entire subdivision, including the two lots, to
Amores. Baricuatro was informed by Galeos about the
sale and was advised to pay the balance of the purchase
price of the two lots directly to Amores.
Amores took possession of the subdivision and
developed the same for residential purposes. He
secured the transfer of the title to the same in his name.
Afterwards, he sold the two lots of the spouses Mariano
and Felisa Nemenio. Prior to the sale, Baricuatro was
informed through a letter by Amores about the impending
sale of the two lots but the former failed to respond.
Nemenio spouses demanded from Baricuatro to vacate
the said lots but the latter refused to do so.