Monday, October 4, 2010

ESPIRITU V. VALERIO (December 23, 1976)

FACTS:
Valerio filed a case to quiet title against mother and daughter Espiritu who were asserting their adversary rights over said land and disturbing his possession thereof.

Valerio presented a deed of sale from which he acquired the property while the Espiritus allege that they acquire the same from their deceased father. 

The Espiritus also presented two deeds of sale to prove that their deceased father have a legal right over the property which they inherited.

ISSUE:
WON mother and daughter Espiritu have a better right over the property.

HELD:
Apparently, this case concerns the sales of one parcel of land by the same vendor but in favor of two different vendees.

If both allegations of the parties are valid, Espiritu's contention that they have a better right than that the claimed by Valerio would seem to be meritorious in the light of the facts of the case and the provisions of Article 1544 of the New Civil Code, it not being disputed that the Deed of Sale in favor of them was registered first.

But since the deeds of sale presented by Esiritu are found to be falsified, they have no legal right to claim the disputed property.

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