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    70 Treasurer V CA

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    cris
    The Treasurer of the Philippines appealed a ruling that held the Assurance Fund subsidiarily liable for damages sustained by private respondents who purchased land from an impostor. The Supreme Court ruled that recovery from the Assurance Fund was not allowed in this case because private respondents never acquired ownership of the land, as the certificate of title they received from the impostor was null and void from the beginning. As they were not registered owners or innocent purchasers, private respondents' remedy was to pursue a civil case against the impostor rather than seek damages from the Assurance Fund.

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    70 Treasurer V CA

    Uploaded by

    cris
    332 views2 pages
    The Treasurer of the Philippines appealed a ruling that held the Assurance Fund subsidiarily liable for damages sustained by private respondents who purchased land from an impostor. The Supreme Court ruled that recovery from the Assurance Fund was not allowed in this case because private respondents never acquired ownership of the land, as the certificate of title they received from the impostor was null and void from the beginning. As they were not registered owners or innocent purchasers, private respondents' remedy was to pursue a civil case against the impostor rather than seek damages from the Assurance Fund.

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    70 Treasurer v CA

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    The Treasurer of the Philippines appealed a ruling that held the Assurance Fund subsidiarily liable for damages sustained by private respondents who purchased land from an impostor. The Supreme Court ruled that recovery from the Assurance Fund was not allowed in this case because private respondents never acquired ownership of the land, as the certificate of title they received from the impostor was null and void from the beginning. As they were not registered owners or innocent purchasers, private respondents' remedy was to pursue a civil case against the impostor rather than seek damages from the Assurance Fund.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    332 views2 pages

    70 Treasurer V CA

    Uploaded by

    cris
    The Treasurer of the Philippines appealed a ruling that held the Assurance Fund subsidiarily liable for damages sustained by private respondents who purchased land from an impostor. The Supreme Court ruled that recovery from the Assurance Fund was not allowed in this case because private respondents never acquired ownership of the land, as the certificate of title they received from the impostor was null and void from the beginning. As they were not registered owners or innocent purchasers, private respondents' remedy was to pursue a civil case against the impostor rather than seek damages from the Assurance Fund.

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    Remedies

    Treasurer of the Philippines vs Court of Appeals


    GR NO. L-42805; 31 August 1987
    TREASURER OF THE PHILIPPINES COURT OF APPEALS AND SPOUSES EDUARDO OCSON AND
    vs
    NORA E. OCSON
    Pone Cruz, J.
    nte
    Facts Lawaan Lopez offered to sell to private respondents a land in QC. However, the sale was
    deferred because Lopez said his certificate of title had been burned in his house and he
    would have to file a petition with CFI QC for a duplicate certificate of title.
    Petition was granted after hearing without any opposition causing issuance of new duplicate
    certificate of title. private respondents paid Lopez purchase price ph 98,700 in full, then
    TCT was issued to them.
    2 years later, a woman claiming to be the real Lawaan Lopez, filed a petition to declare null
    and void the transfer of her land in favor of private respondents on the ground that it had
    been made by an impostor. Court granted annulment of certificate of title.
    Lopez appealed claiming that private defendants should have been required to pay
    damages to her and the costs. Dismissed because there was no collusion between private
    respondents and impostor.
    Private respondents filed a complaint against impostor Lopez and treasurer of the
    Philippines as custodian of Assurance fund for damages sustained by plaintiffs. Trial court
    and CA held Assurance Fund subsidiarily liable for P138,264.
    Issue W/N Treasurer of the Phlippines is liable.
    Held No. Petition Granted.
    Rulin Recovery of damages from Assurance Fund not allowed in case at bar. The first situation is
    g clearly inapplicable as we are not dealing here with any omission, mistake or malfeasance
    of the clerk of court or of the register of deeds or his personnel in the performance of their
    duties. The second situation is also inapplicable. The strongest obstacle to recovery
    thereunder is that the private respondents acquired no land or any interest therein as a
    result of the invalid sale made to them by the spurious Lawaan Lopez.
    Manifestly, the deception imposed upon them by the impostor deprived the private
    respondents of the money they delivered to him as consideration for the sale. But there is
    no question that the subsequent cancellation of the sale did not deprive them of the land
    subject thereof, or of any interest therein, for they never acquired ownership over it in the
    first place.
    the real Lawaan Lopez had her own genuine certificate of title all the time and it remained
    valid despite the issuance of the new certificate of title in the name of the private
    respondents. That new certificate, as the trial court correctly declared, was null and void
    ab initio, which means that it had no legal effect whatsoever and at any time. The private
    respondents were not for a single moment the owner of the property in question and so
    cannot claim to have been unlawfully deprived thereof when their certificate of title was
    found and declared to be a total nullity.
    Respondents cannot claim the status of innocent purchasers of the land for such failure to
    exercise the necessary diligence, and they never acquired any title to the land or any
    interest therein.
    Respondents being neither the registered owners nor innocent purchasers, they are not
    entitled to recover from the Assurance Fund.
    Remedy of respondents is to proceed against the impostor in a civil action for recovery and
    damages or prosecute him under the Revised Penal Code.

    Recovery from Assurance Fund could be demanded by:


    1. Any person who sustains loss or damage under the following conditions: (a) that there was no negligence on his part; and
    (b) that the loss or damage was sustained through any omission, mistake, or misfeasance of the clerk of court, or the
    register of deeds, his deputy or clerk, in the performance of their respective duties under the provisions of the land
    Registration Act,' or
    2. Any person who has been deprived of any land or any interest therein under the following conditions: (a) that there was no
    negligence on his part; (b) that he was deprived as a consequence of the bringing of his land or interest therein under the
    provisions of the Property Registration Decree; or by the registration by any other persons as owner of such land; or by
    mistake, omission or misdescription in any certificate or owner's duplicate, or in any entry or memorandum in the register
    or other official book, or by any cancellation; and (c) that he is barred or in any way precluded from bringing an action for
    the recovery of such land or interest therein, or claim upon the same.

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