This case has been cited 2 times or more.
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2013-03-20 |
REYES, J. |
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| Before concluding, the Court takes note of a palpable error in the RTC's disposition of the case. In upholding the right of petitioners over the properties, the RTC ordered the reconveyance of the properties to petitioners and the transfer of the titles in their names. What the RTC should have done, assuming for argument's sake that reserva troncal is applicable, is have the reservable nature of the property registered on respondent's titles. In fact, respondent, as reservista, has the duty to reserve and to annotate the reservable character of the property on the title.[24] In reserva troncal, the reservista who inherits from a prepositus, whether by the latter's wish or by operation of law, acquires the inheritance by virtue of a title perfectly transferring absolute ownership. All the attributes of ownership belong to him exclusively.[25] | |||||
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2008-06-27 |
NACHURA, J. |
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| Respondent cannot be considered an innocent purchaser for value. Under the rule of notice, it is presumed that the purchaser has examined every instrument of record affecting the title. Such presumption is irrebuttable. He is charged with notice of every fact shown by the record and is presumed to know every fact shown by the record and to know every fact which an examination of the record would have disclosed. This presumption cannot be overcome by proof of innocence or good faith. Otherwise, the very purpose and object of the law requiring a record would be destroyed. Such presumption cannot be defeated by proof of want of knowledge of what the record contains any more than one may be permitted to show that he was ignorant of the provisions of the law. The rule that all persons must take notice of the facts which the public record contains is a rule of law. The rule must be absolute; any variation would lead to endless confusion and useless litigation.[12] For these reasons, a declaration from the court that respondent was in bad faith is not necessary in order that the notice of levy on attachment may be annotated on TCT No. PT-94912. | |||||