Doctrines/Concepts
What is constructive delivery?
Ownership of immovable property transfers through delivery or tradition, and the execution of a public instrument is equivalent to this act.
In the Kings Properties case, the Court ruled that even if a buyer registers first, knowledge of a prior existing sale destroys good faith, invalidating registration priority. (True or False)
True.
What is nemo dat quod non habet?
Latin maxim meaning no one can give what they do not have.
Article 1544 does not apply when one of the supposed sales is null and void ab initio, such as a forged deed of conjugal property. (True or False)
True
The case that involved an Antipolo Property.
Kings Properties v. Galido
A buyer who takes steps to verify ownership, possession, and existing claims acts in this manner is considered to be a buyer in?
Good Faith.
Even if a buyer registers first, knowledge of a prior existing sale retains good faith, thereby validating registration priority. (True or False)
The case of Coronel v. CA said that Article 1544 does not apply when one of the contracts is a contract to Sell. (True or False)
True.
What is a pacto de retro sale?
A sale with the right to repurchase
Registration can convey ownership from an invalid instrument because subsequent registration cures the defect. (Yes or No)
NO.
The case of Naval v. CA states that Registration by the first buyer is a constructive notice to the second buyer, which defeats the latter’s claim of bad faith. (True or False.)
False
What is nemo potest nisi quod de jure potest
no man can do anything except what he can do lawfully
Requisites for Article 1544 to apply
1. The two or more sales transactions must constitute valid sales;
2. The two or more sales transactions must pertain to exactly the same subject matter;
3. The two or more buyers at odds over the rightful ownership of the subject matter must each have bought from the very same seller.
In Carillo v. CA, the petitioner was a judge. (True or False)
The Civil Code principle that ownership of immovable property is acquired upon delivery, not mere contract.
Tradition