Petitioner
Julian de Lara
Respondent
Magno Guilas
Citation
G.R. No. 48291
Court
Supreme Court
Division
First Division
Ponente
Paras, J.
Decided
December 28, 1942

Summary

This case involves competing claims over the same property between a mortgagee and buyers under pacto de retro sale. Felix Limson mortgaged his land to defendant Guilas in 1928 but also sold it with pacto de retro to plaintiffs in 1931. The crucial factor was registration priority - the pacto de retro sale was registered in 1931 while the mortgage was registered in 1933. When Limson failed to repurchase and defendant refused to vacate after acquiring the property through mortgage foreclosure, plaintiffs sued for possession. The Supreme Court affirmed that the registered pacto de retro sale prevailed over the later-registered mortgage, establishing the principle that prior registration creates superior rights regardless of possession. The decision reinforced property registration principles and the rule that possession in good faith is secondary to proper inscription under Article 1473 of the Civil Code.

Statutes applied

Related cases

Other Philippine cases on the same provisions and issues.

Other Philippine cases also address these provisions and issues.

Search Philippine case law on Intellegal →

By the Intellegal Editorial Board · December 28, 1942

Search Philippine case law on Intellegal →
AI-assisted case analysis — for research only. Verify against the official decision. A research aid, not legal advice; using this page creates no attorney-client relationship. For legal advice, consult a Philippine lawyer. Verify every holding and citation against the official decision (Supreme Court E-Library / Official Gazette) before relying on it.