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Leona Aparicio Sabay, et al.
In their complaint, the petitioners described the disputed lands to leticia sabay covered leticia sabay tax declarations. The petitioners alleged that Leoncia Sabay Leoncia originally owned the lands leticia sabay they acquired via an execution sale in a civil case where Leoncia was the losing party.
They further alleged that they took possession of the lands after the Provincial Sheriff of Cebu issued a Definite Deed of Sale; they were subsequently deprived of possession by the respondents by means of force and intimidation, threat, stealth and strategy.
The respondents' possession, on the other hand, was interrupted by a writ of injunction issued by the Municipal Trial Court of Tuburan, Cebu, and after the lands were placed under receivership.
In their Answer, the respondents heirs of David Sabay denied the petitioners' alleged possession, claiming that the late David Sabay was the possessor of the lands from to They also claimed that the Definite Deed of Sale was void as it conveyed lands that, at leticia sabay time of sale, did leticia sabay belong to Leoncia; the lands had been sold to David Sabay on June 14, They denied the other material allegations of the complaint.
The respondents then asked for leave of court to file and admit a third - party complaint against the Ex-Officio Provincial Sheriff of Cebu and the sureties in the Sheriff's Indemnity Bond - Tomas Figueroa and Lucrecia Tabotabo.
The court granted leave and admitted the third-party complaint despite the petitioners' opposition. In their Answer, the third-party defendants asserted prescription - no one can legally contest the more than year old acts of the Provincial Sheriff which are already fait accompli and, therefore, had res adjudicata effects.
Ria Sabay - live scores, results, fixtures
At the trial of the case, the parties proceeded to prove their respective claims, presenting testimonial and documentary evidence. The petitioners leticia sabay all documents to prove their acquisition of the leticia sabay via an execution sale. The respondents, on the other hand, presented: As it turned out also during the trialone of the three parcels of land was covered by a Torrens certificate of title - a fact not alleged in the respondents' answer.
The Leticia sabay thus ordered the amendment of the Answer.
They further claimed that Felix C. Aves sold the land leticia sabay by TCT No. It based its conclusion that the petitioners have a better right to the lands on the finding that the petitioners acquired the lands in good faith.
To the RTC, the petitioners' purchase of the lands in leticia sabay faith created a right that is superior to the unrecorded earlier sale of the lands to David Sabay.
Ria Sabay - live scores, results, fixtures -
The RTC cited the familiar rule that where there was nothing in the title to indicate any cloud or vice in the ownership of the property, or any encumbrance thereon, the purchaser is not required to explore farther than what the Torrens title upon its face indicates in quest of any hidden defect or inchoate right that may subsequent defeat his right thereto.
On this basis, the leticia sabay court considered the petitioners purchasers in good faith. The RTC leticia sabay that while Lanci v. Lanci, the RTC said, was after all decided under a special circumstance - the earlier filing prior to the execution sale of a third-party claim by persons claiming to have already bought the property effectively charged the purchaser at public auction with actual notice of the prior sale.
Camus 6 where we ruled that, under Section 50 of Act No. This ruling is now purportedly strengthened with the amendment of Sections 50 and 51 of Act No.
In short, the RTC concluded that the Sheriff's Definite Deed of Sale vested the petitioners with absolute right of ownership over the lands, as the law and jurisprudence in force at the time of the sale to David Sabay require the inscription leticia sabay conveyances on the titles of lands to be binding and effective.
The CA pointed out that the RTC overlooked leticia sabay important and determinative circumstance of the case - the Torrens titles of the lands were not in the name of the judgment debtor, Leoncia; they were still in the names of Felix Aves, Enrique Reroma and Hacienda Laurel from whom Leoncia bought the lands.