Double Sales Flashcards
Is the good faith of the 1st buyer tainted if he registers after finding out there is another buyer?
No. When he bought it there was no second buyer. He has the better right.
Registered Land
If Bless sells to Jap but Jap does not register the sale. Then the land is executed and Antoi buys at the execution sale.
Who has the better right?
Antoi gets the land because the sale was not registered in the name of Jap. The right of Jap was not registered when the levy was recorded. The courts believed the land belonged to Bless and still subject to execution.
If Jap had registered the land, the Courts would not have executed it.
Registered
What if Bless sold to Jap and Jap registered the sale. The land was sold at an execution sale to Antoi.
Who has a better right?
Jap. The sale was registered.
What is the double sale rule for moveables?
First possession
What is the double sale rule for immoveable?
- Registered Land (TCT) - 1544
Registered Sale -> Possession -> Oldest title - Unregistered Land - PD 1529, Sec.113
First buyer. (first registration doesn’t matter)
If no registration, doesn’t bind 3rd persons.
Marian sells to Jess an unregistered land. Subsequently, Marian sells to Q.
Who has priority?
Jess has priority.
Marian was no longer the owner when she sold to Q.
Marian sells to Jess an unregistered land. Marian then registers the land (TCT) then sells it to Q.
Who has priority
Q.
Q can rely on the TCT. The right of Jess was not recorded at the Register of Deeds.
UNREGISTERED LAND
If Bless sells to Jap but Jap does not register the sale. Then the land is executed and Antoi buys at the execution sale.
Who has the better right?
Jap.
Rule 39 Antoi only steps into the shoes of the judgment debtor. Bless had no more right. Antoi has no right.
Registered Land
If Bless sells to Jap but Jap does register the sale.
Then the courts take the land anyway and Antoi buys at the execution sale.
Who has the better right?
Jap.
