DADIZON vs.

CA AUTHOR: Kyra Sy-Santos

[G.R. No. 159116; September 30, 2009]
TOPIC: LTD; Dealings with Unregistered Lands
PONENTE: Bersamin, J.

DOCTRINE: The mere execution of a deed of sale covering an unregistered parcel of land is not enough to bind third
persons. The registration of the sale must first be taken. Registration is the operative act to convey or affect the
unregistered land insofar as third persons are concerned.

FACTS:
 Respondent Mocorros’ became the owner of the 224 square meter land when they purchased the same from
Caneja in 1972. From there, the ownership and subsequent transfers of the property can be traced back until
1946 through several Tax Declarations.
 In 1984, petitioner Dadizon obtained a Tax Declaration in their favor for a 78 square meter land which is
part of respondent Mocorros’ 224 square meter land.
 Dadizon’s Tax Declaration contains an annotation which states that it "has no previous tax declaration and
or assessed as "NEW" under the Tax Mapping revision."
 According to petitioner Dadizon, the 78 square meter land was conveyed to him by his mother Bernadas
through a unnotarized and unregistered deed of sale.

ISSUE/S & RATIO:

1. WON the private document conveying the property to petitioner Dadizon is valid and binding – No
 Sec. 113 of Presidential Decree No. 1529, also known as the Property Registration Decree,
provides, viz:
Section 113. Recording of instruments relating to unregistered lands.- No deed, conveyance, mortgage,
lease, or other voluntary instrument affecting land not registered under the Torrens system shall be valid,
except as between the parties thereto, unless such instrument shall have been recorded in the manner herein
prescribed in the office of the Register of Deeds for the province or city where the land lies.
 Unregistered contracts, if legal, are valid between the parties themselves. However, it must first be
recorded before it can be binding with respect to third persons.
 Dadizon’s reliance on the unnotarized and unregistered deed of sale executed by his mother
Bernadas is misplaced. Respondent Mocorros, being third parties to the unrecorded deed of sale, is
not bound by the effect of the sale. As far as they concern, no sale took place.
RULING: As the deed of sale presented by petitioner Dadizon is not recorded, such sale did not produce any effect and is not
binding to respondent Mocorros.