This case has been cited 2 times or more.
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2010-12-08 |
PERALTA, J. |
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| There is, however, a known exception to the above-mentioned rules, that is, when a party has knowledge of a prior existing interest which is unregistered at that time he acquired a right to the same land, his knowledge of that prior unregistered interest has the effect of registration as to him.[27] Knowledge of an unregistered sale is equivalent to registration.[28] Thus, if it can be proven that respondent, at the time of the institution of the proceedings before the RTC, had knowledge of the sale between petitioners and Benito, the same would be considered equivalent to registration as to him. As far as petitioners are concerned, however, other than their bare allegation that respondent was aware of the sale of the subject property to them by Benito, the records of the case show no evidentiary proof that respondent had knowledge of such transaction prior to the institution of the proceedings before the RTC. | |||||
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2008-09-17 |
LEONARDO-DE CASTRO, J. |
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| The Court has invariably ruled that in case of conflict between a vendee and an attaching creditor, an attaching creditor who registers the order of attachment and the sale of the property to him as the highest bidder acquires a valid title to the property as against a vendee who had previously bought the same property from the same owner but who failed to register his deed of sale. This is because registration is the operative act that binds or affects the land insofar as third persons are concerned. It is upon registration that there is notice to the whole world. But where a party has knowledge of a prior existing interest, as here, which is unregistered at the time he acquired a right to the same land, his knowledge of that prior unregistered interest has the effect of registration as to him.[12] Knowledge of an unregistered sale is equivalent to registration.[13] | |||||