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    Cabuhat v. CA

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    Liana Acuba
    1) Mary Ann Arede, the adopted daughter of Mercedes Arede, was registered as the owner of a parcel of land that Mercedes purchased, but Mary Ann later obtained a reconstituted title to the land through falsified documents. 2) Mary Ann then mortgaged the land twice, first to a rural bank and then to Flordeliza Cabuhat. Mercedes claimed she had purchased the land back from Mary Ann prior to the second mortgage. 3) The Supreme Court ruled that Flordeliza was an innocent mortgagee who relied in good faith on the title presented by Mary Ann, which appeared valid, and that the mortgage lien was therefore valid and binding.

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    Cabuhat v. CA

    Uploaded by

    Liana Acuba
    615 views2 pages
    1) Mary Ann Arede, the adopted daughter of Mercedes Arede, was registered as the owner of a parcel of land that Mercedes purchased, but Mary Ann later obtained a reconstituted title to the land through falsified documents. 2) Mary Ann then mortgaged the land twice, first to a rural bank and then to Flordeliza Cabuhat. Mercedes claimed she had purchased the land back from Mary Ann prior to the second mortgage. 3) The Supreme Court ruled that Flordeliza was an innocent mortgagee who relied in good faith on the title presented by Mary Ann, which appeared valid, and that the mortgage lien was therefore valid and binding.

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    1) Mary Ann Arede, the adopted daughter of Mercedes Arede, was registered as the owner of a parcel of land that Mercedes purchased, but Mary Ann later obtained a reconstituted title to the land through falsified documents. 2) Mary Ann then mortgaged the land twice, first to a rural bank and then to Flordeliza Cabuhat. Mercedes claimed she had purchased the land back from Mary Ann prior to the second mortgage. 3) The Supreme Court ruled that Flordeliza was an innocent mortgagee who relied in good faith on the title presented by Mary Ann, which appeared valid, and that the mortgage lien was therefore valid and binding.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    615 views2 pages

    Cabuhat v. CA

    Uploaded by

    Liana Acuba
    1) Mary Ann Arede, the adopted daughter of Mercedes Arede, was registered as the owner of a parcel of land that Mercedes purchased, but Mary Ann later obtained a reconstituted title to the land through falsified documents. 2) Mary Ann then mortgaged the land twice, first to a rural bank and then to Flordeliza Cabuhat. Mercedes claimed she had purchased the land back from Mary Ann prior to the second mortgage. 3) The Supreme Court ruled that Flordeliza was an innocent mortgagee who relied in good faith on the title presented by Mary Ann, which appeared valid, and that the mortgage lien was therefore valid and binding.

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    FLORDELIZA CABUHAT vs. CA and MERCEDES H. AREDE [G.R. No. 122425, Sept.

    28, 2001]
    FACTS: Mary Ann Arede was the adopted daughter of appellant Mercedes Arede. In 1972, appellant purchased a parcel of land in Cavite, and was registered by appellant in Mary Ann Aredes name and the corresponding title was issued by the Register of Deeds of Cavite as TCT No. T-56225. Later on, unknown to appellant, Mary Ann Arede obtained a reconstituted owners duplicate of TCT No. T56225 thru the use of a falsified court order. Using this reconstituted title, Mary Ann Arede mortgaged the land to Rural Bank. Upon release of the mortgage, the land was again mortgaged by Mary Ann Arede to appellee Flordeliza Cabuhat, which mortgage was registered by appellee on the following day at the Register of Deeds of Cavite. It appeared however that prior to the second mortgage, the subject lot was sold by Mary Ann Arede to appellant Mercedes Arede as evidenced by a Deed of Sale. Unfortunately, this sale was not registered by appellant. Hence, upon knowledge of the mortgage to appellee Cabuhat, appellant was prompted to commence the instant suit for annulment of title. Judgment was rendered by the lower court against defendant Mary Ann Arede, decreeing, among others, that the mortgage lien in favor of defendant Flordeliza Cabuhat is rendered valid and binding. Mercedes appealed to the CA arguing that the mortgage lien was invalid because: (1) the registration was procured through the presentation of a forged owners duplicate certificate of title, in violation of Section 53 of Presidential Decree 1529; and (2) the mortgage constituted when Mary Ann was no longer the absolute owner of the subject property contravened Article 2085 of the New Civil Code. CA rendered judgment granting Mercedes appeal, reversing and setting aside the trial courts decision upholding the mortgage lien in favor of Flordeliza. CA relied solely on the provisions of Article 2085 of the New Civil Code, which states, in part, that for a mortgage to be valid, the persons constituting the pledge or mortgage should have the free disposal of their property, and in the absence thereof, they should be legally authorized for the purpose. It also cited the 1954 case of Parqui v. [3] PNB, wherein the mortgage was declared null and void since the registration thereof was procured by the presentation of a forged deed. ISSUE: WON the mortgage lien, in favor of Cabuhat, over the subject property is valid. HELD: Yes. It is well-settled that even if the procurement of a certificate of title was tainted with fraud and misrepresentation, such defective title may be the source of a completely legal and valid title in the hands of an innocent purchaser for value. Just as an innocent purchaser for value may rely on what appears in the certificate of title, a mortgagee has the right to rely on what appears in the title presented to him, and in the absence of anything to excite suspicion, he is under no obligation to look beyond the certificate and investigate the title of the mortgagor appearing on the face of the said certificate. Furthermore, it is a well-entrenched legal principle that when an innocent mortgagee who relies upon the correctness of a certificate of title consequently acquires rights over the mortgaged property, the courts cannot disregard such rights. Article 2085 of the Civil Code, which requires that the mortgagor must have free disposal of the property, or at least have legal authority to do so, admits of exceptions. In quite a number of instances, this Court has ruled that the said provision does not apply where the property involved is registered under the Torrens System.

    Furthermore, Section 39 of Act No. 496 provides that every person receiving a certificate of title in pursuance of a decree of registration, and every subsequent purchaser (or mortgagee) of registered land who takes a certificate of title for value in good faith, shall hold the same free of all encumbrance except those noted on said certificate. This Court has uniformly held that when a mortgagee relies upon what appears on the face of a Torrens title and loans money in all good faith on the basis of the title in the name of the mortgagor, only thereafter to learn that the latters title was defective, being thus an innocent mortgagee for value, his or her right or lien upon the land mortgaged must be respected and protected, even if the mortgagor obtained her title thereto through fraud. In the case at bar, there is no doubt that petitioner was an innocent mortgagee for value. When Mary Ann mortgaged the subject property, she presented to petitioner Flordeliza an owners duplicate certificate of title that had been issued by the Register of Deeds. The title was neither forged nor fake. Petitioner had every right to rely on the said title which showed on its face that Mary Ann was the registered owner. There was no reason to suspect that Mary Anns ownership was defective. Besides, even if there had been a cloud of doubt, Flordeliza would have found upon verification with the Register of Deeds that Mary Ann was the titled owner and that the original title on file with the said office was free from any lien or encumbrance, and that no adverse claim of ownership was annotated thereon. Petitioners reliance on the clean title of Mary Ann was reinforced by the fact that the latter had previously mortgaged the same property to a bank which accepted the property as collateral on the strength of the same owners duplicate copy of the title presented by Mary Ann. Certainly, petitioner Flordeliza cannot be expected or obliged to inquire whether the said owne rs duplicate copy presented to her was regularly or irregularly issued, when by its very appearance there was no reason to doubt its validity. The record shows that petitioner loaned the amount of P300,000.00 to Mary Ann, proving that not only was she an innocent mortgagee for value, but also one who in good faith relied on the clean title of Mary Ann. In accepting such a mortgage, petitioner was not required to make further investigation of the title presented to her to bind the property being given as security for the loan. The Decision of the CA is SET ASIDE, and the Decision of the RTC of Cavite City, is REINSTATED in all aspects.

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