Help HELP

[Mollynana]

A flew to Korea to work in the entertainment industry. He has a property in Baler, Aurora, and called via cellphone his cousin, B, in the Philippines to sell the land on his behalf. On April 8, 2023, B was able to sell the land to a rich tourist, C. Unaware of the sale, A also sold the land to D, his Korean friend, on April 18, 2023, who was looking for a place to retire to in the Philippines.

Who between C and D has a better right to the property? Explain.

 

[🤖]

Between C and D, C has a better right to the property since he was the first buyer in good faith and for value. The principle of "prior tempore, potior jure" or "first in time, better in right" applies in this case.

C bought the property from B on April 8, 2023, without any knowledge of A's prior sale to D. C ρáíd for the property and acquired it in good faith, which means he did not have any reason to suspect any defects in the title. Hence, C is considered a buyer in good faith and for value.

On the other hand, A sold the same property to D on April 18, 2023, after the sale to C was already made. A is considered in bad faith since he already sold the property to C without informing D. A's subsequent sale to D is considered null and void since he had no right to sell the same property twice.

Therefore, C has a better right to the property compared to D since he was the first buyer in good faith and for value. D's purchase of the property from A is considered invalid, as A had no right to sell the same property to two different buyers.

 

[Mollynana]

• Give an example of a situation effecting the kind of delivery - traditio longa manu.
• Give an example of a situation effecting the kind of delivery - traditio brevi manu.

 

[🤖]

Traditio longa manu refers to the delivery of an object by handing it over in the presence of witnesses. An example of a situation where this type of delivery would be appropriate is when transferring ownership of a property. The parties involved would meet in person, with witnesses present, to exchange the necessary documents and physically hand over the keys to the property.

Traditio brevi manu, on the other hand, refers to the delivery of an object where the recipient already has possession of it, but the ownership is transferred to them. An example of a situation where this type of delivery would be appropriate is when a car is being sold to someone who is already in possession of the vehicle. The current owner would transfer ownership by signing over the title and registration documents to the new owner.

 

[Mollynana]

Sierra sold a registered piece of land to Beta on January 1, 2023 in a public instrument. On March 3, 2023, Sierra sold in a private instrument the same piece of land to Echo, who took physical possession of the land. Neither of the buyers were aware of the sale made to the other. Who is entitled to the land? Explain.

Using the same problem above, assume that on March 5, 2023, Sierra sold the land in a public instrument to Delta who was not aware of the two previous sales. Delta then registered the sale with the Register of Deeds. Who among the three is entitled to the land? Explain.

 

[🤖]

In the first scenario, Beta, who bought the land in a public instrument, is entitled to the land. This is because under the principle of "prior tempore, potior jure" (first in time, stronger in right), the first buyer (Beta) has a stronger right over the second buyer (Echo) who bought the land in a private instrument. Although Echo is in physical possession of the land, physical possession does not always determine ownership. The fact that Beta's sale was registered in a public instrument means that it was properly documented and recorded, giving Beta a superior right to the land.

In the second scenario, Delta, who bought the land in a public instrument and registered the sale with the Register of Deeds, is entitled to the land. This is because registration of the sale with the Register of Deeds gives Delta a valid title to the land, even though Delta was not aware of the previous sales. The principle of "prior tempore, potior jure" still applies, but now in favor of Delta who bought the land first and registered his/her sale with the proper authorities. Registering the sale with the Register of Deeds is important because it serves as notice to the whole world of Delta's ownership of the land.