Petitioner
Durawood Construction
Respondent
Candice S. Bona
Citation
G.R. No. 179884
Court
Supreme Court
Division
First Division
Ponente
Leonardo-De Castro, J.
Decided
January 25, 2012

Summary

Durawood Construction sued LBB Construction for P665,385.50 and obtained attachment over property covered by TCT No. R-17571 on June 17, 2004. Candice Bona claimed she purchased the property on June 16, 2004, one day before the attachment. The key issue was priority of registration between the sale and attachment. The Court of Appeals initially ruled for Bona based on Primary Entry Book dates, but the Supreme Court reversed, holding that since required registration fees for the sale were not paid as of June 25, 2004, the attachment on June 17, 2004 takes precedence. The case establishes that mere entry in the Primary Entry Book without payment of required fees does not constitute complete registration under PD 1529, and subsequent title transfers must carry forward valid prior encumbrances.

Statutes applied

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By the Intellegal Editorial Board · January 25, 2012

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