Who has a better right to possess? The registered owners or the holder of an unregistered deed of sale?

Thus, even if we sustain petitioner Catindig’s arguments and rule that the Deed of Sale is valid, this would still not help petitioners’ case. It is undisputed that the subject property is covered by TCT No. T-1749, registered in the name of respondent’s husband. On the other hand, petitioner Catindig’s claim of ownership is based on a Deed of Sale. In Pascual v. Coronel,[12] the Court held that as against the registered owners and the holder of an unregistered deed of sale, it is the former who has a better right to possess. In that case, the court held that:

            Even if we sustain the petitioner’s arguments and rule that the deeds of sale are valid contracts, it would still not bolster the petitioners’ case. In a number of cases, the Court had upheld the registered owners’ superior right to possess the property. In Co v. Militar, the Court was confronted with a similar issue of which between the certificate of title and an unregistered deed of sale should be given more probative weight in resolving the issue of who has the better right to possess. There, the Court held that the court a quo correctly relied on the transfer certificate of title in the name of petitioner as opposed to the unregistered deeds of sale of respondents. x x x

            Likewise, in the recent case of Umpoc v. Mercado, the Court declared that the trial court did not err in giving more probative weight to the TCT in the name of the decedent vis-a-vis the contested unregistered Deed of Sale. x x x[13]

 http://sc.judiciary.gov.ph/jurisprudence/2011/february2011/165851.htm

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About Erineus

Born on December 28, 1965, Surallah, South Cotabato, Southern Mindanao, Philippines.
This entry was posted in Certificate of Title, Deed of Sale, Land, Question and Answers and tagged . Bookmark the permalink.

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