June 2012 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 192548 : June 13, 2012]
ANTONIO T. CHU v. SPOUSES ALFRED & LAUREANA ESTOE, FELIX GRAVIDEZ, ALFREDO GRAVIDEZ, ANGELO VIOLENA, ARACELI SORIA AND FRANCISCO CALONGE
G.R. No. 192548 (Antonio T. Chu v. Spouses Alfred & Laureana Estoe, Felix Gravidez, Alfredo Gravidez, Angelo Violena, Araceli Soria and Francisco Calonge)
RESOLUTION
After a judicious review of the records, the Court resolves to DENY the instant petition for failure of petitioner to show any reversible error committed by the Court of Appeals in upholding respondents' better right to possess the eastern portion of Lot 609. "As a general rule, where the land sold is in the possession of a person other than the vendor, the purchaser must go beyond the certificate of title and make inquiries concerning the actual possessor. A buyer of real property which is in possession of another must be wary and investigate the rights of the latter. Otherwise, without such inquiry, the buyer cannot be said to be in good faith and cannot have any right over the property."[1] Having failed to observe the foregoing requirements, petitioner was properly considered as a buyer in bad faith. Accordingly, the fact that he was able to register the 1979 sale of the whole Lot 609 and TCT No. T-26385 was subsequently issued in his name will not confer upon him a preferential right over the eastern portion in derogation of the rights of respondents. "Despite a host of jurisprudence that states (that) a certificate of title is indefeasible, unassailable and binding against the whole world, it merely confirms or records title already existing and vested, and it cannot be used to protect a usurper from the true owner, nor can it be used for the perpetration of fraud; neither does it permit one to enrich himself at the expense of others."[2] (Peralta, J., Acting Chairperson, per Special Order No. 1228 dated June 6, 2012; Villarama, Jr., J., Acting Member, in lieu of Justice Presbitero J. Velasco, Jr., per Special Order No. 1229 dated June 6, 2012.) cralaw
SO ORDERED.
Very truly yours,
(Sgd.) LUCITA ABJELINA-SORIANO
Division Clerk of Court
Endnotes:
[1] PNB v. Heirs of Estanislao Militar, et al., G.R. Nos. 164801 and 165165, June 30, 2006, 494 SCRA 30 315.[2] Angel M. Pagaduan, et al. v. Spouses Estanislao and Fe Posadas Ocuma, G.R. No. 176308, May 2009, 587 SCRA 604, 610.