This case has been cited 3 times or more.
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2007-09-25 |
NACHURA, J. |
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| Act 3344 provides for the system of recording of transactions or claims over unregistered real estate[45] without prejudice to a third party with a better right.[46] But if the land is registered under the Land Registration Act (and therefore has a Torrens Title), and it is sold and the sale is registered not under the Land Registration Act but under Act 3344, as amended, such sale is not considered registered, as the term is used under Art. 1544 of the New Civil Code.[47] | |||||
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2006-02-22 |
YNARES-SANTIAGO, J. |
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| While we agree with the appellate court that respondents have superior right over the petitioner on the subject property, we find Article 1544 inapplicable to the case at bar since the subject land was unregistered at the time of the first sale. The registration contemplated under this provision has been held to refer to registration under the Torrens System, which considers the act of registration as the operative act that binds the land.[28] Thus, in Carumba v. Court of Appeals,[29] we held that Article 1544 of the Civil Code has no application to land not registered under Torrens System. | |||||
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2005-05-16 |
AUSTRIA-MARTINEZ, J. |
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| In Spouses Abrigo vs. De Vera,[16] it was held that registration of instruments must be done in the proper registry, in order to affect and bind the land and, thus, operate as constructive notice to the world.[17] Therein, the Court ruled:x x x If the land is registered under the Land Registration Act (and has therefore a Torrens Title), and it is sold but the subsequent sale is registered not under the Land Registration Act but under Act 3344, as amended, such sale is not considered REGISTERED x x x .[18] | |||||