Government of Philippine Islands v. Aballe
REITERATIONFacts
The Antecedents: The provincial sheriff of Occidental Negros, pursuant to an execution in civil case No. 8491, levied upon and sold to Levy Hermanos, Inc., the rights, interests, and participation of Gervasio Ignalaga in lots Nos. 419, 762, and 763. These lots were originally adjudicated to the spouses Gervasio Ignalaga and Petra Maderazo. Procedural History: Levy Hermanos, Inc. filed a petition to cancel the certificates of title in the name of Ignalaga and Maderazo and to issue new ones in its name, as the redemption period had expired. Antonio Alegato opposed with respect to lots 419 and 762, claiming ownership by purchase from the original owners. Chiong Bonco opposed with respect to lot 763, claiming a mortgage credit. The court overruled the oppositions and ordered the cancellation and issuance of new titles to Levy Hermanos, Inc. The Petition: Oppositors Alegato and Bonco appealed the order of the Court of First Instance.
Issue(s)
Whether the opposition of Antonio Alegato to the transfer of title for lot No. 419 is founded. Whether the opposition of Antonio Alegato to the transfer of title for lot No. 762 is founded, despite the omission of the notice of attachment on the certificate of title. Whether the levy and sale should affect only one-half of each lot, representing Ignalaga's share in the conjugal property.
Ruling
The Court affirmed the order of the Court of First Instance, ordering the register of deeds to cancel the certificates of title covering lots Nos. 419, 762, and 763 and to issue the corresponding transfer certificate of title in favor of Levy Hermanos, Inc., free from all liens and encumbrances. Costs against the appellants.
Ratio Decidendi
On the opposition of Antonio Alegato to lot No. 419: The opposition of Antonio Alegato with respect to lot No. 419 is unfounded. The records show that his right to this lot is subject to the attachment levied against his vendor, Gervasio Ignalaga, as indicated on his transfer certificate of title. As established in Buzon vs. Licauco, a vendee cannot oppose the effects of an attachment when his title is already noted as subject to such attachment. On the opposition of Antonio Alegato to lot No. 762: Alegato's opposition to lot No. 762 is also unfounded, notwithstanding the omission of the notice of attachment on the original or transfer certificate of title. Section 51 of Act No. 496 provides that the registration of an instrument in the books of the registry of deeds serves as notice to all parties concerning such document. Furthermore, Section 56 of the same Act mandates that the inscription or registration is effective from the time noted in the entry book. Therefore, the notation of the attachment in the entry book of the register of deeds, even without notation on the certificate of title, produces all the legal effects of registration. On the extent of the levy and sale: The allegation that the levy and sale should only affect one-half of each lot, representing Ignalaga's share in the conjugal property, is without merit. There is no evidence to the contrary, and the fact that the execution was issued during the marriage supports the conclusion that the indebtedness was contracted during the marriage. Moreover, the sale to Levy Hermanos, Inc. was conducted with legal formalities, and it is incumbent upon those seeking to annul it to prove the facts justifying their claim.
Main Doctrine
The inscription of an attachment in the books of the registry of deeds, in accordance with Act No. 496, produces all the effects of its registration or inscription, even if it is not noted on the certificate of title itself. Registration in the registry books is notice to all.