Gallardo Vs IAC

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Gallardo vs.

Intermediate Appellate Court


155 SCRA 248 (1987)

FACTS:

Pedro Villanueva owned a parcel of Land in Cavinti, Laguna registered under his name. Meliton
Gallardo and Teresa Villanueva claimed that the land was sold to them in a private document, in
an unnotarized deed of sale written in Tagalog signed by Pedro. Subsequently, the OCT was
cancelled and a new certificate of title was issued in the name of the Meliton and Teresa.

The Court of Instance of Laguna declared that the Deed of Sale executed by Pedro, as well as
the reconstituted TCT of Meliton and Teresa, void ab initio.

ISSUE:
- WON the unnotarized deed of sale executed by Pedro Villanueva in favor of Meliton and
Teresa, be considered as a valid instrument of sale to convey a land registered under
Torrens system

DISCUSSION:
- No, private document of sale is not registrable under the Land Registration Act

HELD:
The petition of Melito and Teresa was denied.

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