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JAY HIDALGO UY v. SPS. FRANCISCO MEDINA AND NATIVIDAD MEDINA

This case has been cited 1 times or more.

2014-12-10
MENDOZA, J.
In the case of Uy v. Spouses Medina[32] which dealt with essentially the same issues, the Court wrote:Considering that the sale was not registered earlier, the right of petitioner over the land became subordinate and subject to the preference created over the earlier annotated levy in favor of Swift. The levy of execution registered and annotated on September 1, 1998 takes precedence over the sale of the land to petitioner on February 16, 1997, despite the subsequent registration on September 14, 1998 of the prior sale. Such preference in favor of the levy on execution retroacts to the date of levy for to hold otherwise will render the preference nugatory and meaningless.