Biñan Steel Corporation… · G.R. 142013

Petitioner: Biñan Steel Corporation
Respondent: Hon. Court of Appeals
Citation: G.R. No. 142013
Court: Supreme Court
Division: Third Division
Ponente: Corona, J.
Decided: October 15, 2002

Summary

BSC obtained preliminary attachment on property owned by spouses Ng in collection case, with attachment registered July 27, 1998. Garcias purchased same property June 29, 1998 but registered sale only August 12, 1998. Supreme Court ruled BSC has superior rights because attachment creates proceeding in rem enforceable against whole world, and registered attachment takes priority over subsequently registered sale. Court applied Civil Code Article 1544 on double sales and principle of constructive notice through registration. Garcias were found guilty of forum-shopping for pursuing same relief in different courts simultaneously. Decision affirms that purchasers of attached property take subject to attachment creditor's rights, emphasizing importance of checking public records before property purchase.

Statutes applied

Civil Code, Art. 1544

Related cases

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Drs. Alendry P. Caviles, Jr. v. Evelyn T. Bautista G.R. No. 102648
Severino Baricuatro, Jr. v. Court of Appeals G.R. No. 105902
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Francisco Bayoca v. Gaudioso Nogales Represented By Henry Nogales G.R. No. 138201
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Payongayong v. Court of Appeals G.R. No. 144576
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By the Intellegal Editorial Board · October 15, 2002

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