Petitioner
Rustico Mcgurk Baldoz
Respondent
Marlene D. Pecson
Citation
G.R. No. 240232
Court
Supreme Court
Division
Second Division
Decided
September 3, 2018

Summary

This case involves a property ownership dispute arising from a double sale scenario. Mary McGurk sold the same immovable property to Marlene D. Pecson in 1995 and later to Rustico McGurk Baldoz in 2004. The Supreme Court applied Article 1544 of the Civil Code, which governs cases where the same property is sold to different vendees. The Court ruled in favor of Pecson because she first recorded the sale in good faith, as evidenced by her certificate of original title. Baldoz's claim was rejected because he was aware of the prior sale to Pecson when he contracted his purchase. The Court also found that Baldoz failed to prove his allegation that the respondents were prohibited from acquiring the property under Article 1491 of the Civil Code. This decision reinforces the principle that in double sale cases involving immovable property, ownership belongs to the person who first records the transaction in good faith.

Statutes applied

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By Intellegal Editorial Board · September 3, 2018

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