Fule Vs Legare Case Digest

CONRADO C. FULE and LOURDES E.
ARAGON, petitioners,
- versus –
EMILIA E. DE LEGARE and COURT OF APPEALS, respondents.
[G.R No. L-17951, 28 February 1963]
FACTS:
Respondent Emilia Legare filed an action to recover from petitioners a subject house and lot. It
was alleged that her adopted son, John, let her sign a paper for compensation, but in fact it was a deed
of conveyance of the said property to his name. Emilia, who did not know how to read nor write,
although she could sign her name, signed the paper not knowing what it really was.
Thereafter, John was able to register the property in his name and sought the help of a broker
to sell the said land. When Emilia returned to the subject property, she found that someone else had
been occupying the said house. It was then revealed that her properties were sold by John to
petitioner-spouses Conrado and Lourdes Fule.
The trial court and CA adjudged respondent Emilia the owner of the land, and directed
petitioners to pay monthly rentals and delivery the said property.
ISSUE:
Whether or not the petitioner-spouses Fule were purchasers in good faith of the properties
contested so as to make them lawful owners thereof
RULING:
Yes. The Court held that the herein petitioners are purchasers in good faith of the house and
lot disputed. In consequence, they were adjudged the properties’ lawful owners.
Good faith consists in an honest intention to abstain from taking any unconscientious
advantage of another. A purchaser in good faith is one who buys property of another, without notice
that some other persons has a right to, or interest in, such property and pays a full and fair price for
the same, at the time of such purchase, or before he has notice of the claim or interest of some other
persons in the property.
It should be noted that the deed of sale was regular upon its face, and no one would have
questioned its authenticity since it was duly acknowledged before a notary public.
Further, the diligence and precaution observed by the petitioners themselves could hardly
have been wanting. The records show that they did not rely solely and fully upon the deed of sale in
favor of John and the fact that John had then in his possession the corresponding certificate of title of
the registered owner. They demanded more. They insisted that the sale in favor of John be registered
and that the transfer in their favor be thereafter likewise registered. It was only after all these were
complied with that they paid the purchaser price. In other words, the petitioner spouses relied not
really on the documents exhibited to them by John, but, on the registerability of those documents. In
the Court’s view, this satisfies the measure of good faith contemplated by law.
It is true that at the time the petitioners purchased the properties from John, he was not yet the
registered owner of the same. This fact alone, however, could not have caused the petitioners to lose
their status as innocent purchasers for value. Although the title was in the name of respondent
Emilia, the certificate of title was in the possession of her adopted son, John. Under Section 5 of Act
496, as amended, John’s possession of the certificate and his subsequent production of it to the
petitioners operated as a “conclusive authority from the registered owner to the register of deeds to
enter a new certificate.”
Although the deed of sale in favor of John was fraudulent, the fact remains that he was able to
secure a registered title to the house and lot. It was this title which he subsequently conveyed to the
petitioners.
As a general rule, a forged or fraudulent deed is null and conveys no title. However, there are
instances when such a fraudulent document may become the root of a valid title. One such
instance is where the certificate of title was already transferred from the name of the true owner to
the forger, and while it remained that way, the land was subsequently sold to an innocent
purchaser. For then, the vendee had the right to rely upon what appeared in the certificate.
Under the Torrens system, “registration is the operative act that gives validity to the transfer or
creates a lien upon the land” (Secs. 50 and 51, Land Registration Act). Consequently, where there was
nothing in the certificate of title to indicate any cloud or vice in the ownership of the property, or any
encumbrance thereon, the purchaser is not required to explore farther than what the Torrens title,
upon its face, indicates in quest for any hidden defect or inchoate right that may subsequently defeat
his right thereto. If the rule were otherwise, the efficacy and conclusiveness of the certificate of title
which the Torrens system seeks to insure would entirely be futile and nugatory.
Furthermore, when the Register of Deeds issued a certificate of title in the name of John, and
thereafter registered the same, John, insofar as third parties were concerned, acquired valid title to the
house and lot here disputed. When, therefore, he transferred this title to the herein petitioners, third
persons, the entire transaction fell within the purview of Article 1434 of the Civil Code. The
registration in John’s name effectively operated to convey the properties to him.
FALLO:
IN VIEW OF THE FOREGOING, the decision of the Court of Appeals is hereby reversed and
set aside. A new one is here entered dismissing the respondent’s complaint and declaring the
petitioners herein the lawful owners of the properties here involved.

Fule Vs Legare Case Digest

Uploaded by

Copyright:

Available Formats

Fule Vs Legare Case Digest

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Fule Vs Legare Case Digest

Uploaded by

Copyright:

Available Formats

CONRADO C. FULE and LOURDES E.

You might also like