Manigque-Stone v. Cattleya Land digest

Manigque-Stone v. Cattleya Land  –  Double  Double Sale

GR No. 195975 September 5, 2016

Doctrine: The sale of Philippine land to an alien or foreigner, even if titled in the name of his Filipino spouse, violates the Constitution and is this, void. There is no double sale to speak of. Art. 1544 of the Civil Code, which provides the rule on double sale, applies only to a situation where the same property is validly sold to different vendees. In this case, there is only one sale to advert to, that between the spouses Tecson and respondent. FACTS:

Sometime in July 1992, Cattleya Land, Inc. (Cattleya), purchased properties from the spouses Tecson, a 8,805-square meter parcel of land located at Doljo, Panglao, Bo hol hol.. They found out that no encumbrances or liens on the subject property had been annotated on the TCT thereof, except for an attachment issued in connection with Civil Case No. 3399 entitled "Tantrade Corporation vs. Bohol Resort Hotel, Inc., et al." . On November 6, 1992, Cattleya entered into a Contract of Conditional Sale with the Tecson spouses covering nine parcels of land, including the subject property. The C ontract of Conditional Sale was entered in the Primary Book of the Office of the Register of Deeds of Bohol that same day, per Entry No. 83422. On August 30, 1993, the parties executed a Deed of Absolute Sale covering the subject property. This Deed of Absolute Sale was also entered in the Primary Book on October 4, 1993, per Entry No. 87549. However, neither the Contract of Conditional Sale nor the Deed of Absolute Sale could be annotated on the certificate of title covering the subject  property because the then Register of Deeds of Bohol, Atty. Narciso S. S . De la Serna (Atty. De la Serna) refused to annotate both deeds. According to Atty. De la Serna it was improper to do so  because of the writ of attachment that was annotated on the certificate of title of the subject  property, in connection with the said Civil Case No. 3399. Subsequently, the parties asked for the annotation again, to which Atty. De la Serna stated that he would accede to the request only if he was presented with a court order to that effect. Cabilao stated that he was not asking for a new transfer of title, but only for an annotation on the original certificate of title of the Deed of Absolute Sale. After the writ of attachment was lifted due to the parties in such case reaching an amicable settlement, Cattleya could still not successfully have the registration of the sale. As a result, he could not have the title of the property transferred to his name, also because the owner’s copy of the transfer certificate was in the possession of the Tecson spouses. The spouses however averred that such TCT had been destroyed in a fire which broke out in Sierra Bullones, Bohol. Such claim turned out to be false. Cabilao found out that a copy of the TCT was presented by a certain Taina, along with a Deed of Sale executed by the Tecson spouses in favor of Taina. It appears that the Tecson spouses sold the beach lot for US $8,805.00 to Taina and her common-

law husband, Michael Stone. After payment of the purchase price, the owner’s copy of the TCT covering the property was delivered to Taina.

Afterwhich, Cattleya instituted against Taina a civil action for quieting of title and recovery of ownership and cancellation of title with damages. Taina posits that the deed of sale in favor of Cattleya was executed subsequent to the deed of sale that she and Mike had entered into with the Tecson spouses, this, she was the first acquire the in good faith. Cattleya argues that the earlier sale between the spouses and Mike was absolutely null and void, as this was a flagrant violation of the constitutional provision barring aliens from acquiring real property in the Philippines, The RTC ruled in favor of Cattleya. RTC stated that the s ale in favor of Taina constituted a double sale and that Cattleya had a superior right to the lot, because Cattleya was the first to register the same in good faith. Furthermore, Cattleya had no notice, nor was it aware, of Taina’s claim to the subject property, and that the only impediment it was aware of was the pending civil case. On the other hand, the RTC stated that the sale in favor of Taina and h er common-law husband is patently null and void because foreigners or aliens cannot acquire real property in the Philippines in accordance to the Constitution. Second, the court found that Taina was only Mike’s dummy, and their subsequent marriage did not legitimize the purchase of the property. Lastly, Taina admitted that at the time she caused the registration of the sale, she was aware of the fact that the same was already sold to Cattleya, which is constitutive of bad faith on her part. The CA reaffirms the ruling of the RTC, but departed from the provisions on double sale, which clearly favor petitioner Taina. ISSUE: Whether or not the trial court and the Court of Appeals gravely erred when it departed from provisions of the law and established jurisprudence when it did not apply the rules on double sale which clearly favor petitioner Taina HELD:

Yes, the trial court and the Court of Appeals gravely erred when it departed from provisions of the law and established jurisprudence when it did not apply the rules on double sale which clearly favor petitioner Taina. Given the plain and explicit language of this constitutional mandate, it has been held that "[a]liens, whether individuals or corporations, are disqualified from acquiring lands of the public domain. Hence, they are also disqualified from acquiring private lands. The primary purpose of the constitutional provision is the conservation of the national patrimony." Given the fact that the sale  by the Tecson spouses to Taina as Mike's dummy was totally abhorrent and repugnant to the Philippine Constitution, and is thus, void ab initio, it stands to reason that there can be no double sale to speak of here. Petitioner's arguments, which rest on the assumption that there was a double sale, must fail. In the first place, there is no double sale to speak of. Art. 1544 of the Civil Code, which provides the rule on double sale, applies only to a situation where the same property is validly sold to different vendees. In this case, there is only one sale to advert to, that between the spouses Tecson and respondent. Digested by: Nansei Kawamoto, 4A