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[ G.R. No. 138940. September 20, 1999]

AZUCENA SUNIO vs. ISIDRO IBA�EZ, JR.

THIRD DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated SEPT 20 1999.

G.R. No. 138940 (Azucena Sunio vs. Isidro Iba�ez, Jr.)

Before us is a petition for review on certiorari assailing the decision of the Court of Appeals which affirmed that of the Regional Trial Court of Cabuyao, Ilocos Sur (branch 24) holding that private respondent is the lawful owner of the land in question.

Involved here is the doubled sale of an unregistered parcel of land with an area of 319.2 square meters located in Cabuyao, Ilocos Sur. It appears that in 1964, private respondent Isidro Iba�ez, Jr., bought the land in question from one Faustina S. Benavidez. Iba�ez declared the land for tax purposes and paid the realty taxes thereon from 1964 to 1991.

On May 30, 1973, the same vendor, Benavidez, sold the same parcel of land to petitioner Azucena Sunio. Petitioner also declared the land for tax purposes under Tax Declaration No. 33398-E but the same contains the following annotation: "This declaration is also declared under the name of Isidro Iba�ez, Jr. covered by Tax Declaration No. 6475-E and 6937-E of 1974." Petitioner paid the realty taxes on said property from 1974 to 1992.

On July 10, 1992, private respondent Iba�ez lodged a complaint against petitioner. The trial court ruled in favor of respondent Iba�ez. On appeal, the Court of Appeals affirmed.

The issue is who, between petitioner and private respondent, has the better right to the property in question.

Article 1544 of the New Civil Code states the rules on double sale of real property, to wit:

x x x��� x x x��� x x x

Should it be immovable property, the ownership shall belong to the person acquiring it who in good faith first recorded it in the Registry of Property.

Should there be no inscription, the ownership shall pertain to the person who in good faith was first in the possession;, in the absence thereof, to the person who presents the oldest title, provided there is good faith.

In the case at bar, private respondent Iba�ez was the first one to register the sale on January 13, 1964. Petitioner registered her purchase only on September 14, 1973. Moreover, petitioner acted in bad faith when, despite the annotation in the Tax Declaration No. 33398-E that the same was previously declared under the name of Isidro Iba�ez, Jr., she went on to get her own tax declaration.

The Court likewise notes that the petition was filed late and lacks the required statement regarding material dates. These lapses are by, themselves standing alone, are sufficient to order the outright denial of the petition.

WHEREFORE, premises considered, the instant petition is hereby DENIED.

Very truly yours,

(Sgd.) JULIETA Y. CARREON

Clerk of Court

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