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

No.

ROSA SILAGAN, PETITIONER, VS. INTERMEDIATE APPELLATE COURT, TITO K. YAO, CHUN PENG, DANIEL
CABIGON, AND CHAN YAN PENG, RESPONDENTS.
G.R. No. 68743, May 8, 1991

FACTS:
Silagan bought parcels of land from Macabasag allegedly paid partially with the understanding that the
balance is payable any time upon demand. Deed of absolute sale would be executed upon full payment of the
property. Thereafter, Silagan and her husband took possession of the lots and erected a house and factory thereon.
No registrable public instrument of sale was executed and consequently no Torrens title was ever issued.
Macabasag sold the same lots to private respondents and executed a public instrument conveying by way
of absolute sale. This deed was registered. The buyers then began paying the real estate taxes on the lots.
Silagan claims that theses public instrument were simulated, therefore void.

ISSUE:
Is the subsequent sale of the lots valid?

RULING:
Yes. The private document of sale on which petitioner based her claim to the property was hardly sufficient
to convey title or ownership to her, the land being then already registered under the Torrens System and hence, any
deed of conveyance must be made in accordance with the procedures under the law; that the rule on double sales
under the Civil Code was applicable, that if the same immovable property should have been sold to different
vendees, the ownership shall belong to the person acquiring it in good faith recorded it in the Registry of Property.

You might also like