!

erelleen A 8odrlguez
200800338

Doub|e Sa|e
Case D|gests

k|vera vs Cng
Iacts Marclano 8lvera Lhe plalnLlff clalmed Lo have purchased some old maLerlals from Lhe CrlsanLo
Llchauco on !anuary 8 1912 buL has yeL Lo Lake possesslon of Lhe sald lLems Cn lebruary 9 1912
defendanL Cng Che boughL and Look lmmedlaLe possesslon of some same lLems from Llchauco
broLhers whlch 8lvera alleged Lo have already purchased When 8lvera came Lo Lake possesslon of Lhe
lLems he boughL he found ouL LhaL lL was already ln Lhe possesslon of anoLher and he lnsLlLuLed Lhe
presenL acLlon Lo recover such arLlcles as he clalmed Lo be Lhe rlghLful owner
Issue Can 8lvera sLlll clalm Lhe lLems whlch are currenLly wlLh Lhe defendanL?
ku||ng no Cng Che was a purchaser ln good falLh and has already acqulred possesslon by hls purchase
under arLlcle 1473 he has a beLLer LlLle Lo Lhe goods ln dlspuLe Lhan Lhe flrsL purchaser who has noL had
possesslon aL all 1he sale conslsLs of one sub[ecL maLLer one owner uslng Lwo agenLs and Lwo buyers
hence consLlLuLlng a double sale
Snaches Vs kamos
Iacts Cn !uly 11910 orlglnal owner Clrlaco lernandez sold hls land Lo Lhe spouses Marcellno Comez
and narclsa Sancez under pocto Je tetto for a perlod of one year whlch was execuLed ln a publlc
lnsLrumenL lernandez Lhen sold Lhe same land on !uly 3 1912 Lo 8oque 8amos by means of a publlc
lnsLrumenL who lmmledlaLely Look maLerlal possesslon Lhereof
Issue Who has Lhe beLLer rlghL Lo Lhe land?
ku||ng Sanches has Lhe beLLer rlghL Lo Lhe land slnce she ls a buyer ln good falLh and Lhe execuLlon of a
publlc lnsLrumenL consLlLuLes dellvery Lherefore all rlghLs Lo Lhe land had already been passed Lo Lhe
buyer whlch leaves Lhe orlglnal owner no rlghL Lo sell Lhe land durlng Lhe second sale under arLlcle
1473 ln Lhe absence of reglsLraLlon Lhe flrsL Lo Lake possesslon wlll have Lhe beLLer LlLle of Lhe land
AlLhough 8amos was flrsL Lo Lake acLual possesslon Sanches has already Laken sumbollc possesslon
whlch rules ouL Lhe sald arLlcle
Dagupan 1rad|ng Vs Macam
Iacts 1he land ln quesLlon was flrsL sold Lo respondenL 8usLlco Macam who lmmedlaLely Look
possesslon of Lhe land and proceeded Lo lnLroduce subsLanLlal lmprovemenLs on lL 1he land durlng Lhe
flrsL sale was unreglsLered by Lhe orlglnal owners AfLer reglsLraLlon Lo Lhe orlglnal owners was lssued
Lhe land was levled by vlrLue of a flnal [udgmenL rendered ln Clvll Casa no 42213 and sold Lo Manlla
1radlng and Supply Co 1he second buyer was able Lo reglsLer Lhe land
Issue Who has Lhe beLLer rlghL as beLween Lhe appellanL and appellee Lo Lhe oneelghLh share of
Sammy Maron ln Lhe properLy menLloned?
ku||ng 1he LlLle was glven Lo appellee 8usLlco Macam AlLhough reglsLraLlon ls glven hlgher prlorlLy
Lhan Lhe possesslon of a double sale Lhe rule does noL apply slnce we are faced wlLh a dlfferenL
slLuaLlon Pere Lhe sale ln favor of Lhe appellee was made before Lhe sub[ecLmaLLer was reglsLered
whlle Lhe sale ln favor of Lhe appellanL of Lhe same land came afLer Lhe reglsLraLlon Conslderlng Lhls
slLuaLlon Macam has Lhe beLLer rlghL slnce all rlghL was Lransferred Lo hlm upon Lhe flrsL sale and Lhe
orlglnal owner Lherefore has no longer any aLLachmenL Lo Lhe land and Lhe appellanL cannoL have any
beLLer rlghL Lhan LhaL of Lhe orlglnal owner Moreover afLer Macam has alreasdy Look possesslon of Lhe
land and lnLroduced conslderable lmprovemenLs Lhereon lL would be agalnsL boLh [usLlce and equlLy Lo
deprlve hlm of ownershlp
nanopo| Vs ||ap||
Iacts Panopol clalms a plece of land boughL ln 1938 Lhrough a serles of purchases made ln prlvaLe
lnsLrumenLs ln 1943 Lhe same land was sold by Lhe orlglnal owners Lo llapll Lhrough a duly noLarlzed
deed of sale whlch was reglsLered on AugusL 20 1948
Issue Who has Lhe rlghLful clalm Lo Lhe land?
ku||ng llapll has Lhe rlghLful clalm Lo Lhe land Lven Lhough Panopol was Lhe flrsL purchaser ln good
falLh ownershlp wlll be granLed Lo Lhe flrsL who Look possesslon who was llapll a purchaser ln good
falLh slnce he was flrsL Lo execuLe a publlc lnsLrumenL whlch enLalls symbollc possesslon of Lhe land
Carbone|| Vs CA
Iacts 1he sub[ecL maLLer was a land held on morLgage by 8epubllc Savlngs 8ank orlglnally owned by
!ose onclo 1hls land was lnlLlally sold Lo 8osarlo Carbonell who allowed onclo Lo llve ln Lhe land
provlded LhaL he wlll pay renL LaLer on Lhe same land was sold Lo Lmma lnfanLe who lmmedlaLely Look
possesslon of Lhe sald land onclo lnformed Carbonell of Lhe second sale whlch led hlm Lo reglsLer Lhe
flrsL sale lnfanLe reglsLered Lhe deed of sale ln hls favor 4 days afLer Carbonell's reglsLraLlon
Issue Who has Lhe beLLer rlghL on Lhe quesLlon loL?
ku||ng Carbonell has Lhe beLLer rlghL 1he rules of a double sale sLaLes LhaL Lhe buyer ln good falLh who
flrsL reglsLers Lhe sale wlll have Lhe beLLer rlghL Lo Lhe properLy Carbonell on Lhe flrsL sale was a buyer
ln good falLh 1hls good falLh was sLlll presenL even afLer Lhe second sale Lo lnfanLe Lven lf lnfanLe was
flrsL Lo Lake possesslon of Lhe land her acLlon was ruled ouL by Carbonell's reglsLraLlon whlch was prlor
Lo lnfanLe's reglsLraLlon lL should Lhen be held LhaL Carbonell ls Lhe proper owner of Lhe loL ln quesLlon
u|mson Vs koset
Iacts 1omasa Culmson Lhe daughLer of Lhe orlglnal owner ulonlslo Culmson was Lhe flrsL Lransferee
of Lhe properLy ln quesLlon on !une 7 1932 alLhough possesslon conLlnued Lo be wlLh Lhe former owner
1he same land was subsequenLly sold by ulonlslo Culmson Lo Spouses Magno AgusLln and aullna
Manzano on May 3 1933 wlLh rlghL Lo purchase wlLhln Lhe perlod of slx years 1wo years afLer Lhe lasL
sale Lhe same land was agaln sold Lo lranslsco 8oseLe also wlLh pacLo de reLro wlLhln flve years 1he
proceeds of Lhe sale Lo 8oseLe were used Lo repurchase Lhe land from AgusLln and Manzano 8oseLe
Lhen Look peaceful possesslon of Lhe land even afLer Lhe deaLh of ulonlslo Culmson on !une 6 1939
unLll 1omasa Culmson flled a complalnL wlLh Lhe !usLlce of eace of San Marcellno Zambales ln pursulL
of Lhe land whlch 8oseLe ls currenLly Laklng possesslon of 1hls led boLh buyers Lo race Lowards lba Lhe
caplLal of Zambales Lo furnlsh reglsLraLlon of Lhe sale Lo clalm rlghLful ownershlp of Lhe land 1omasa
Culmson was flrsL Lo seLLle reglsLraLlon
Issue Who has Lhe rlghLful clalm Lo Lhe land?
ku||ng 1omasa Culmson ls Lhe buyer Lo flrsL reglsLer Lhe land ln good falLh 8lghLful ownershlp should
Lhen be glven Lo her 8eglsLraLlon ls hlgher ln preference Lhan Lhe possesslon of Lhe land