Petitioner Vs Vs Respondent Arsenio M. Cabrera For Petitioner. Antonio G. Nalapo For Private Respondent
Petitioner Vs Vs Respondent Arsenio M. Cabrera For Petitioner. Antonio G. Nalapo For Private Respondent
Petitioner Vs Vs Respondent Arsenio M. Cabrera For Petitioner. Antonio G. Nalapo For Private Respondent
SYLLABUS
DECISION
ROMERO , J : p
Another dispute over land ownership rivets the attention of this Court even as it still
grapples with similar issues involving fantastically vast tracts of land considered prime
real estate in Metro Manila.
That unscrupulous elements have been sparing neither energy nor resources to
divert coveted properties from their actual owners through craft and cabal with land
o cials concerned has not been lost on this Court and has, in fact, made its task doubly
difficult and complicated.
In recognition of these developments that have placed under a cloud the integrity of
the once unassailable Torrens Title, spawned the proliferation of fake land titles and
encouraged the mushrooming of land grabbers and squatters on legitimately-titled lands,
Chief Justice Andres R. Narvasa issued on July 15, this year, Administrative Circular No. 7-
96 addressed to all judges of all court levels and their Clerks of Court enjoining the strict
observance of Land Registration Authority (LRA) circulars on reconstitution and land
registration cases.
As an agrarian country with a substantial percentage of its population engaged in
agriculture and allied occupations, the Philippines is understandably concerned over the
fate of large and small landholders. Since pre-Spanish times, land has been recognized as
the source of economic and political power. At the time the Spaniards took over the
sovereignty of the Philippines, it rewarded its loyal subjects with grants of large
encomiendas whose metes and bounds were only circumscribed by the endurance of a
horse running from sunup to sundown. Conversely, some of those who did not show
loyalty to the Church and the Crown were persecuted and divested of their lands, most
notable example being the family of the national hero, Dr. Jose Rizal.
In a mystical sense, the Filipinos draw strength and power from the soil. Not only in
this attitude peculiar to the Philippines but in Greek mythology, Antaeus, son of the sea
god Poseidon and the Earth goddess Gaea renewed his strength in combat with Heracles
by continually touching the earth. When his opponent discovered the source of his
strength, the former lifted the latter up from earth and crushed him to death. 1
In the case at bar, it appears that an impostor succeeded in selling property lawfully
titled in another's name by misrepresenting himself as the latter.
The petition before us involves two issues: whether or not petitioner Juan Sandoval
is a purchaser in good faith and whether or not the Justice who penned the assailed
decision in the Court of Appeals should have inhibited himself from taking part in the case.
The property subject of the present controversy is a parcel of land on which a ve-
door apartment building stands. It is covered by Transfer Certi cate of Title (TCT) No.
196518 in the name of "Lorenzo L. Tan, Jr. married to Carolina Mangampo" and located at
No. 88 Halcon Street, Quezon City.
Sometime in April 1985, private respondent met petitioner Juan C. Sandoval who
claimed to be the new owner at the site of the property. He informed the latter of the case
against Bienvenido Almeda and Godofredo Valmeo. Upon further investigation, petitioner
discovered that as early as September 13, 1984, someone purporting to be Lorenzo L. Tan,
Jr. sold the property to Bienvenido Almeda in a Deed of Sale of Registered Land with Pacto
de Retro.
Said person representing himself as Lorenzo L. Tan, Jr., with the marital consent of
the alleged Carolina Mangampo Tan, also executed a Waiver in favor of Bienvenido Almeda
on January 11, 1985. Consequently, TCT No. 196518 in the name of Lorenzo L. Tan, Jr. was
canceled and a new one, TCT No. 326781, was issued in the name of Bienvenido Almeda.
On March 29, 1985, Bienvenido Almeda sold the subject property to petitioner Juan
C. Sandoval for P230,000.00. TCT No. 326781 was canceled and TCT No. 329487 was
issued in favor of Juan C. Sandoval on April 18, 1985.
Private respondent's original complaint was accordingly amended in August 1985
to implead petitioner Juan C. Sandoval and to add the following as causes of action: the
nulli cation of the deed of sale with pacto de retro, the waiver and the cancellation of TCT
Nos. 326781 and 329487 in the Quezon City Registry of Deeds. Private respondent alleged
that petitioner had prior knowledge of legal flaws which tainted Bienvenido Almeda's title.
It was only on January 16, 1986 that private respondent caused the annotation of a
notice of lis pendens on TCT No. 329487. 4
Petitioner, as defendant below, countered that he was a purchaser in good faith and
for valuable consideration. He bought the property through real estate brokers whom he
contacted after seeing the property advertised in the March 3, 1985 issue of the Manila
Bulletin. After guarantees were given by the brokers and his lawyer's go-signal to purchase
the property, petitioner negotiated with Bienvenido Almeda. The price, reduced to
P230,000, was paid in two installments. As earlier noted, Bienvenido Almeda executed a
Deed of Sale in favor of petitioner and a new TCT was issued in the latter's name.
The trial court ruled in favor of private respondent Tan, Jr. The dispositive portion of
the lower court's decision dated February 22, 1991 reads:
"WHEREFORE, judgment is hereby rendered:
1. Declaring plaintiffs Lorenzo L. Tan, Jr. and Carolina Mangampo
Tan as the absolute and exclusive owners of the property known as and situated
at No. 88 Halcon Street, Quezon City, Metro Manila, originally registered in their
names under TCT No. 196518 of the Register of Deeds of Quezon City, together
CD Technologies Asia, Inc. 2018 cdasiaonline.com
with its improvements;
2. Declaring as null and void and of no legal effect the deed of real
estate mortgage (Exh. A) dated October 9, 1984 in favor of defendant Godofredo
Valmeo; the deed of sale of registered land with pacto de retro (Exh. B) dated
September 13, 1984 in favor of Bienvenido Almeda; and the waiver (Exh. C) dated
January 11, 1985 in favor of Bienvenido Almeda;
Only Juan C. Sandoval, herein petitioner, appealed the aforequoted adverse decision.
Respondent Court of Appeals reduced appellant's sixteen assignment of errors to two
basic issues: the validity of the Deed of Real Estate Mortgage executed on October 9,
1984 in favor of Godofredo Valmeo and the Deed of Sale of Registered Land with Pacto de
Retro dated September 13, 1984 in favor of Bienvenido Almeda and whether or not Juan C.
Sandoval is a purchaser in good faith.
The Court of Appeals, in its decision rendered on May 26, 1992, 6 a rmed the trial
court's ndings modifying only the award for damages and attorney's fees. 7 Respondent
court con rmed the invalidity of the aforementioned documents and held that the
circumstances outlined by the trial court should have so aroused petitioner's suspicion as
to impel him to conduct further inquiry into his vendor's title.
Hence, this petition for review where Juan C. Sandoval prays for the reversal of the
Court of Appeals decision. Two issues are presented for resolution. First, petitioner
contends that he was denied due process when the ponente of the decision in the Court of
Appeals, Justice Luis Victor, did not inhibit himself from the case inasmuch as he was, for
a time, the presiding judge in the court a quo trying the case. Second, petitioner maintains
that he is an innocent purchaser for value who should not be held accountable for the fraud
committed against private respondent Tan, Jr.
As regards the rst issue on the inhibition of Justice Luis Victor, we examine the
objective norms set forth by the Court.
Rule 137 of the Revised Rules of Court, Section 1 reads:
"SECTION 1. Disquali cation of judges . — No judge or judicial o cer
shall sit in any case in which he, or his wife or child, is pecuniarily interested as
heir, legatee, creditor or otherwise, or in which he is related to either party within
the sixth degree of consanguinity or a nity, or to counsel within the fourth
degree, computed according to the rules of the civil law, or in which he has been
executor, administrator, guardian, trustee or counsel, or in which he has presided
in any inferior court when his ruling or decision is the subject of review, without
CD Technologies Asia, Inc. 2018 cdasiaonline.com
the written consent of all parties in interest, signed by them and entered upon the
record.
A judge may , in the exercise of his sound discretion, disqualify himself
from sitting in a case, for just or valid reasons other than those mentioned above."
(Emphasis supplied.)
The Code of Judicial Conduct, which was promulgated on September 5, 1989 and
made effective October 20, 1989, spells out in Rule 3.12 the disqualifications of a judge:
"Rule 3.12. — A judge should take no part in a proceeding where the judge's
impartiality might reasonably be questioned. These cases include, among others,
proceedings where:
(a) the judge has personal knowledge of disputed evidentiary facts
concerning the proceeding;
(b) the judge served as executor, administrator, guardian, trustee or
lawyer in the case or matters in controversy, or a former associate of the judge
served as counsel during their association, or the judge or lawyer was a material
witness therein;
In every instance the judge shall indicate the legal reason for inhibition."
From the foregoing legal principles, we nd no basis for Justice Victor to inhibit
himself from deciding the case. To be sure, as trial court judge, he presided partly over the
case below, heard part of plaintiff's evidence and ruled on motions. 9 The decision itself,
CD Technologies Asia, Inc. 2018 cdasiaonline.com
however, was penned by another judge, the Honorable Lucas Bersamin, who took over as
presiding judge when then Judge Luis Victor was promoted. Upon elevation to the Court of
Appeals, the case was assigned to Justice Victor as ponente.
The principle that approximates the situation obtaining herein is the disquali cation
of a judge from deciding a case where his "ruling in a lower court is the subject of review"
or "in which he has presided in any inferior court when his ruling or decision is the subject
of review." Granted that Justice Victor presided partly over the case in the court a quo, his
was not the pen that nally rendered the decision therein. Hence, he cannot be said to have
been placed in a position where he had to review his own decision as judge in the trial
court. Accordingly, he was not legally bound to inhibit himself from the case.
Nevertheless, Justice Victor should have been more prudent and circumspect and
declined to take on the case, owing to his earlier involvement in the case. The Court has
held that a judge should not handle a case in which he might be perceived, rightly or
wrongly, to be susceptible to bias and partiality, 1 0 which axiom is intended to preserve
and promote public con dence in the integrity and respect for the judiciary. 1 1 While he is
not legally required to decline from taking part in the case, it is our considered view that his
active participation in the case below constitutes a "just or valid reason," under Section 1
of Rule 137 for him to voluntarily inhibit himself from the case.
The second and more substantial question in the instant petition is whether or not
Juan Sandoval, herein petitioner, is a purchaser in good faith or an innocent purchaser for
value.
A nding that petitioner is a purchaser in good faith will inevitably be followed by a
declaration that, as such, he is the rightful owner of the property in question. For even
granting, as held by both the trial and respondent appellate courts, that the deed of sale
from the fake Lorenzo L. Tan, Jr. to Bienvenido Almeda is a forged instrument which, being
a nullity, conveys no title 1 2 still a forged deed can be the basis of a valid title. The Court
has held that a fraudulent or forged document of sale may give rise to a valid title if the
certi cate of title has already been transferred from the name of the true owner to the
name indicated by the forger and while it remained as such, the land was subsequently
sold to an innocent purchaser. 1 3 Unquestionably, the vendee had the right to rely upon the
certificate of title. 1 4
It is settled doctrine that one who deals with property registered under the Torrens
system need not go beyond the same, but only has to rely on the title. 1 5 He is charged
with notice only of such burdens and claims as are annotated on the title. 1 6
The aforesaid principle admits of an unchallenged exception: that a person dealing
with registered land has a right to rely on the Torrens certi cate of title and to dispense
with the need of inquiring further except when the party has actual knowledge of facts and
circumstances that would impel a reasonably cautious man to make such inquiry 1 7 or
when the purchaser has knowledge of a defect or the lack of title in his vendor or of
su cient facts to induce a reasonably prudent man to inquire into the status of the title of
the property in litigation. 1 8 The presence of anything which excites or arouses suspicion
should then prompt to vendee to look beyond the certi cate and investigate the title of the
vendor appearing on the face of said certi cate. 1 9 One who falls within the exception can
neither be denominated an innocent purchaser for value nor a purchaser in good faith; and
hence does not merit the protection of the law.
Section 44 of Presidential Decree No. 1529, 2 0 in support of the aforementioned
CD Technologies Asia, Inc. 2018 cdasiaonline.com
principles, provide:
"SECTION 44. Statutory liens affecting title. — Every registered owner
receiving a certi cate of title in pursuance of a decree of registration, and every
subsequent purchaser of registered land taking a certi cate of title for value and
in good faith, shall hold the same free from all encumbrances except those noted
on said certi cate and any of the following encumbrances which may be
subsisting, namely:
First. Liens, claims or rights arising or existing under the laws and
Constitution of the Philippines which are not by law required to appear of record
in the Registry of Deeds in order to be valid against subsequent purchasers or
encumbrances of record.
Second. Unpaid real estate taxes levied and assessed within two years
immediately preceding the acquisition of any right over the land by an innocent
purchaser for value, without prejudice to the right of the government to collect
taxes payable before that period from the delinquent taxpayer alone.
Third. Any public highway or private way established or recognized by law,
or any government irrigation canal or lateral thereof, if the certi cate of title does
not state that the boundaries of such highway or irrigation canal or lateral thereof
have been determined.
A purchaser in good faith is one who buys property of another, without notice that
some other person 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. 2 1 He buys the property with the belief that the
person from whom he receives the thing was the owner and could convey title to the
property. 2 2 A purchaser cannot close his eyes to facts which should put a reasonable man
on his guard and still claim he acted in good faith. 2 3
The Court, after an exhaustive examination and review of the evidence of record,
a rms the trial and appellate courts' ndings that the petitioner is not a purchaser in good
faith.
Respondent Court of Appeals rejected petitioner's claim of being a purchaser in
good faith and adopted the trial court's explanation to the effect that:
"Even if Sandoval acquired the property after it was advertised for sale in
the Bulletin issue of March 3, 1985, the Court strongly doubts his claim of good
faith. There are circumstances extant in the records of the case which belie
Sandoval's defense. In the rst place, it was testi ed to by Viterbo Cahilig of the
O ce of the Register of Deeds of Quezon City (tsn, Jan. 15, 1987) that there were
two copies of TCT No. 196518 in the Register of Deeds, only one of which could
be genuine. This apparently came about following the loss of the owner's copy of
said TCT from its usual place of safekeeping by plaintiff Tan when a forged copy
was made. One copy was used to inveigle Valmeo while the other was used by
the mysterious Almeda. The two copies of the TCT soon found their way to the
Registry of Deeds. By the time that the sale to Sandoval was being negotiated,
therefore, the two copies of TCT No. 196518 were already in the les of the
CD Technologies Asia, Inc. 2018 cdasiaonline.com
Register of Deeds. Since Sandoval's lawyer apparently made a veri cation at the
Register of Deeds, it was inevitable for him to come across the two copies.
Sandoval was thus aware in fact of the irregularity attending TCT No. 196518
and its derivative certificates.
Fourthly, Sandoval could have unavoidably noticed the several but varying
addresses of Almeda which were suspicious, to say the least. It was expected of
him to have thereby been alerted to the questionability of Almeda's title on the
property. As such, he is now to be deeded to have had actual notice of the defects
in Almeda's title, which is antithetical to his pretended good faith.
And, lastly, the certi cation appearing on the deed of sale (Exh. D) that the
property was not tenanted was plainly untrue. The making of the untruthful
certi cation, the contrary to which was something well-known to Almeda and
Sandoval, betrayed an awareness of their part of aws in the transaction. As
parties interested in the transaction, they should not have permitted such
falsehood to taint the instrument.
It has been well-settled that absent any circumstance requiring the overturning of
the factual conclusions made by the trial court, particularly if a rmed by the Court of
Appeals, this Court necessarily upholds said ndings of fact. None of the exceptions to the
a rmation of factual ndings, as previously noted in Chua Tiong Tay v. Honorable Court of
Appeals, 2 5 is present in the case at bar. Moreover, a study of the case records reveals that
the factual conclusions of the court a quo are rmly grounded on the evidence presented
during the trial.
On balance, the Court is of the view that petitioner is not a purchaser in good faith
since he should have been aware of his vendor's fraudulent or forged title. Accordingly, he
CD Technologies Asia, Inc. 2018 cdasiaonline.com
is ordered to reconvey subject property with its improvements to private respondent who
was deprived of his property through subterfuge and without any fault on this part.
Whatever damage and injury has resulted will have to be borne by petitioner and his co-
defendants below, Bienvenido Almeda and Godofredo Valmeo.
WHEREFORE, the instant petition for review is hereby DENIED. The decision of the
Court of Appeals in "Lorenzo L. Tan, Jr. v. Bienvenido Almeda ," (CA G.R. CV No. 33265) is
AFFIRMED.
SO ORDERED.
Regalado, Puno, Mendoza and Torres, Jr., JJ ., concur.
Footnotes
1. 1 ENCYCLOPEDIA BRITANNICA, 438 (1992).
2. TSN, April 25, 1986, p. 4.
3. "Lorenzo L. Tan, Jr. v. Bienvenido Almeda, et al." Civil Case No. Q-43464.
15. Santos v. CA, G.R. No. 90380, September 13, 1990, 189 SCRA 550; Unchuan v. CA, G.R.
No. L-78775, May 31, 1988, 161 SCRA 710; Bailon-Casilao v. CA, G.R. No. L-78178, April
15, 1988, 160 SCRA 738; Director of Lands v. Abad, 61 Phil. 479, 487 citing Quimson v.
Suarez, 45 Phil. 901, 906.
16. Unchuan v. CA, supra.; Agricultural and Home Extension Development Group v. CA, G.R.
CD Technologies Asia, Inc. 2018 cdasiaonline.com
No. 92310, September 3, 1992, 213 SCRA 563.
17. Santos v. CA, supra. and Bailon-Casilao v. CA, supra, citing Gonzales v. IAC, G.R. No.
69622, January 29, 1988.
18. State Investment House Inc. v. CA, G.R. No. 115548, March 5, 1996, citing Capitol
Subdivision v. Province of Negros Occidental, 7 SCRA 60, 70, Manacop, Jr. v. Cangino, 1
SCRA 572, Leung Yee v. E.L. Strong Machinery Co. & Williamson, 37 Phil. 644, PNB v. CA,
153 SCRA 453, 442 and Gonzales v. IAC, 157 SCRA 587, 595.
19. Pino v. CA, 198 SCRA 434, G.R. No. 94114, June 19, 1991; Centeno v. CA, 139 SCRA
545, 555, G.R. No. L-40105, November 11, 1985 citing Anderson v. Garcia, 64 Phil. 506
and Fule v. Legare, supra.
20. Amending and Codifying the Laws Relative to Registration of Property and for Other
Purposes.
21. Agricultural and Home Extension Development Corporation v. CA, supra.; Santos v. CA,
supra.; Fule v. Legare, supra.; De Santos v. IAC, 157 SCRA 295, 301-302.
22. Duran v. IAC, G.R. No,. L-64159, September 10, 1985, citing Arriola v. Gomez dela Serna,
14 Phil. 627.
23. Embrado v. CA, G.R. No. 51457, June 27, 1994, 233 SCRA 335.
24. Rollo, pp. 42-43.
25. G.R. No. 112130, March 31, 1995, 243 SCRA 183, 186 citing Verendia v. CA, 217 SCRA
417 and Geronimo v. Ca, 224 SCRA 494: "Among the exceptional circumstances where a
reassessment of facts found by the lower courts is allowed are when the conclusion is a
finding grounded entirely on speculation, surmises of conjectures; when the inference
made is manifestly absurd, mistaken or impossible; when there is grave abuse of
discretion in the appreciation of facts; when the judgment is premised on a
misapprehension of facts; when the findings of fact are conflicting; and when the Court
of Appeals, in making its findings, went beyond the issues of the case and the same are
contrary to the admission of both appellant and appellee."