Case No 55 NCRB Vs CA

CASE NO.
55 Private respondents directed Guillermo Comayas to redeem the

property from Galupo at their expense, giving the amount of
NAAWAN COMMUNITY RURAL BANK, INC. vs
P10,000 to Comayas for that purpose. On May 30, 1988, a
COURT OF APPEALS and SPOUSES ALFREDO
release of the adverse claim of Galupo was annotated on TCT
AND ANNABELLE LUMO No. T-41499 which covered the subject property.
[395 SCRA 43, January 13, 2003]
Before the release of Galupo's adverse claim, private
Principle: a person dealing with registered land may generally respondents and Guillermo Comayas, executed a deed of
rely on the correctness of a certificate of title and the law will in
absolute sale. The subject property was allegedly sold for
no way oblige him to go beyond it to determine the legal status
P125,000 but the deed of sale reflected the amount of only
of the property. Double Sale of Immovable Property, ". . . .
Should it be immovable property, the ownership shall belong to P30,000 which was the amount private respondents were ready
the person acquiring it who in good faith first recorded it in the to pay at the time of the execution of said deed, the balance
Registry of Property." payable by installment. On July 9, 1988, a deed of absolute
sale was then registered and inscribed on TCT No. T-41499, on
FACTS: even date, TCT No. T-50134, in favor of private respondents.
After obtaining their TCT, respondents requested the issuance

On April 30, 1988, a certain Guillermo Comayas offered to sell
of a new tax declaration. However, they later learned that the
to private respondent-spouses Alfredo and Annabelle Lumo, a
property was also declared for tax purposes in the name of
house and lot measuring 340 square meters located at
petitioner Naawan Community Rural Bank Inc. Apparently, on
Pinikitan, Camaman-an, Cagayan de Oro City. Private
February 7, 1983, Guillermo Comayas obtained a P15, 000
respondents wanted to buy a house and lot and thus made
loan from petitioner Bank using the subject property as security
queries at the Office of the Register of Deeds in Cagayan de
Oro City where the property is located. They found out that the
For failure of Comayas to pay, the real estate mortgage was
property as mortgaged for P8, 000 to a certain Mrs. Galupo and
foreclosed and the subject property sold at a public auction to
that the owner’s copy of the Title was in her possession.
the mortgagee Naawan Community Rural Bank as the highest
bidder in the amount of P16,031.35.
On April 17, 1984, the subject property was registered in
original proceedings under the Land Registration Act. On July RULING:
23, 1984, Transfer Certificate of Title No. T-41499 in the name
of Guillermo P. Comayas was entered in the Register of Deeds The court held in the negative. Under the law, where a
of Cagayan de Oro City. Meanwhile, on September 5, 1986, person claims to have superior proprietary rights over another
the period for redemption of the foreclosed subject property on the ground that he derived his title from a sheriff’s sale
lapsed and the MTCC Deputy Sheriff of Cagayan de Oro City registered in the Registry of Property, Article 1473 (now
issued and delivered to petitioner bank the sheriff's deed of Article 1544) of the Civil Code will apply only if said execution
final conveyance. sale of real estate isregistered under Act 496.

By virtue of said deed, petitioner Bank obtained a tax Unfortunately, the subject property was still untitled when it
declaration for the subject house and lot.Thereafter, petitioner was acquired by petitioner bank by virtue of a final deed of
Bank instituted an action for ejectment against Comayas before conveyance. On the other hand, when private respondents
the MTCC which decided in its favor. However, when the writ purchased thesame property, it was already covered by the
was served, the property was no longer occupied by Comayas Torrens System.
but herein private respondents, the spouses Lumo who had, as
earlier mentioned, bought it from Comayas on May 17, 1988. Moreover, the issuance of a certificate of title had the effect
of relieving the land of all claims except those noted
Hence, this petition. thereon. Accordingly, private respondents, in dealing with the
subject registered land, were not required by law to go beyond
ISSUE(s): the register to determine the legal condition of the property.
They were only charged with notice of such burdens on the
Whether or not the registration of sheriff’s deed of final property as were noted on the register or the certificate of title.
conveyance in the proper registry of deeds is more superior To have required them to do more would have been to defeat
than the Torrens title? the primary object of the Torrens System which is to make the
Torrens Title indefeasible and valid against the whole world.
Whether or not private respondents could be considered as
buyers in good faith? YES.
Considering therefore that private respondents exercised
the diligence required by law in ascertaining the legal
status of the Torrens title of Guillermo Comayas over the
subject property and found no flaws therein, they should be
considered as innocent purchasers for value and in good
faith.
Before private respondents bought the subject property from

Guillermo Comayas, inquiries were made with the Registry of
Deeds and the Bureau of Lands regarding the status of the
vendor’s title. No liens or encumbrances were found to have
been annotated on the certificateof title. Neither were private
respondents aware of any adverse claim or lien on the
propertyother than the adverse claim of a certain Geneva
Galupo to whom Guillermo Comayas hadmortgaged the
subject property.
The rights created by the above-stated statute of course do not

and cannot accrue under an inscription in bad faith. Mere
registration of title in case of double sale is not enough;
good faith must concur with the registration.

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CASE NO.

55 Private respondents directed Guillermo Comayas to redeem the

After obtaining their TCT, respondents requested the issuance

Before private respondents bought the subject property from

The rights created by the above-stated statute of course do not

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