Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 1

1. Fudot vs. Cattleyla Land Inc. [ G.R. NO.

171008, SEPTEMBER 13, 2007 ]

Facts: On 1992, Cattleya Land intended to buy the parcels of land owned by Spouses Tecson. However, 6
out of 9 lots were annotated since 3 of those are subject to attachment. On 1995, Fudot presented for
registration before the ROD the owner’s copy of the tile of the subject property, together with the deed
of sale purportedly executed by the Tecsons in favor of petitioner on December 1986. Cattleyla opposed
Fudot’s application but the ROC had already registered the Deed of Sale in favor of Fudot. Cattleyla filed
its complaint for quieting of title, recovery of ownership and cancellation of title with damages before the
RTC of Tagbilaran. In 2001, the RTC rendered a decision: quieting title or ownership in favor of Cattleyla
asserting that the latter had recorded in good faith the deed of sale in its favor ahead of Fudot.

Issue: Who among Fudot and Cattleyla has better right

Held. The Court ruled for Cattleyla. It has been held that between two transactions concerning the same
parcel of land, the registered transaction prevails over the earlier unregistered right. The act of
registration operates to convey and affect the registered land so that a bona fide purchaser of such land
acquires good title as against a prior transferee, if such prior transfer was unrecorded. As found by the
courts a quo, Cattleyla was able to register its purchase ahead of Fudot. It will be recalled that Cattleylat
was able to register its Deed of Conditional Sale with the Register of Deeds as early as 6 November 1992,
and its Deed of Absolute Sale on 14 October 1993. On the other hand, Fudot was able to present for
registration her deed of sale and owner's copy of the title only on 23 January 1995, or almost The act of
registration shall be the operative act to convey or affect the land insofar as third persons are concerned,
and in all cases under this Decree, the registration shall be made in the office of the Register of Deeds for
the province or city where the land lies.

You might also like