Mariano Baladia y Esplago v. Rosalind Dichoso Bersabe

Summary

This case involves a double sale of unregistered immovable property. Spouses Bersabe obtained judgment against Julieta Baladia and purchased Cadastral Lot No. 2177 at execution sale, receiving Provisional Certificate of Sale in February 1998. During the redemption period, Baladia heirs sold the same property to spouses Cañeso in October 1998. When redemption period lapsed without redemption in March 1999, Bersabes received Definite Certificate of Sale. The Supreme Court affirmed that Bersabes have superior rights, applying Article 1544 of the Civil Code and the Carumba doctrine. Since the property was unregistered land, the execution sale created better rights protected by Act No. 3344 against subsequent sales. The Court found the Baladia heirs acted fraudulently by selling during the redemption period with knowledge of the prior execution sale, warranting damages to the Bersabes.