Facts:
Respondent
Pedro Lagrosa is the owner of a parcel of land situated in Caloocan City. He
resided in California, USA and during a vacation in the Philippines found that
a new certificate of title was issued by the RD in the name of Victorino Sarili
by virtue of an alleged falsified document by Sps. Sarili and the RD. Sps.
Sarili maintained that they are innocent buyers for value having purchased the
property from Ramon B. Rodriguez who possessed and presented a Special Power of
Attorney to sell/dispose the property.
Issue:
Whether or
not there was a valid conveyance of the subject property to Sps. Sarili.
Ruling:
Since
the notarization of the Special Power of Attorney was defective, the sale
between Victorino and Ramon is void. Accordingly, the land title in the name of
Victorino married to Isabel should be annulled and the name of respondent be
reinstated. As to the house built by Sps. Sarili on the land, since he was
aware of the palpable irregularity in the Special Power of Attorney and that
the person he was dealing with was possibly not authorized, he is considered a
builder in bad faith.
No comments:
Post a Comment