08 Heirs of Sarili vs. Lagrosa

08 Heirs of Sarili, et al v Lagrosa AUTHOR: MAGO
G.R. No 193517 Notes:

TOPIC: LTD
PONENTE: Perlas Bernabe J.
FACTS:
Lagrosa filed a complaint against Sps. Sarili alleging that he is the owner of a certain parcel of land situated in Caloocan City covered
by TCT No. 55979 and has been religiously paying the real estate taxes therefore since November 29, 1974. He and his wife had
immigrated to the USA since 1968 and is now a resident of California, USA and he only discovered that a new certificate of title to the
subject property was issued by the register of deeds in the name of Victorino, married to Isabel Amparo, during his vacation in the
Philippines. He further alleged that it was due to a falsified Deed of Absolute Sale purportedly executed by him and his wife, dated
February 16, 1978, which was a result of the fraudulent, illegal and malicious acts committed by Sps. Sarili and the Register of Deeds
in order to acquire the subject property.
Sps. Sarili, on the other hand, maintained that they are innocent purchasers for value, having purchased the subject property
from one Ramon Rodriguez, who possessed and presented a Special Power of Attorney to sell/dispose of the same, and, in such
capacity, executed a Deed of Absolute sale dated November 20, 1992 conveying the said property in their favor.
ISSUE(S): Whether or not there was a valid conveyance of the subject property to Sps. Sarili
HELD: NO.
RATIO:
There was no valid conveyance of the subject property to Sps. Sarili.
The strength of the buyer’s inquiry on the seller’s capacity or legal authority to sell depends on the proof of capacity of the
seller. If the proof of capacity consists of a special power of attorney duly notarized, mere inspection of the face of such public
document already constitutes sufficient inquiry. If no such special power of attorney is provided or there is one but there appears to
be flaws in its notarial acknowledgment, mere inspection of the document will not do; the buyer must show that his investigation
went beyond the document and into the circumstances of its execution.
In the present case, it is undisputed that Sps. Sarili purchased the subject property from Ramos on the strength of the latter’s
ostensible authority to sell under the subject SPA. The said document, however, readily indicates flaws in its notarial acknowledgment
since the respondent’s community tax certificate (CTC) number was not indicated thereon; which is required under the governing rule
on notarial acknowledgements at that time. Despite this irregularity, however, Sps. Sarili failed to show that they conducted an
investigation beyond the subject SPA and into the circumstances of its execution as required by prevailing jurisprudence. Hence, Sps.
Sarili cannot be considered as innocent purchasers for value.
Article 1874 of the Civil Code provides that "[w]hen a sale of a piece of land or any interest therein is through an agent, the
authority of the latter shall be in writing; otherwise, the sale shall be void." In other words, if the subject SPA was not proven to be
duly executed and authentic, then it cannot be said that the foregoing requirement had been complied with; hence, the sale would
be void.
The Court also holds that the due execution and authenticity of the subject SPA were not sufficiently established under
Section 20, Rule 132 of the Rules of Court as above-cited.
Since Sps. Sarili’s claim over the subject property is based on forged documents, no valid title had been transferred to them
(and, in turn, to petitioners). Verily, when the instrument presented is forged, even if accompanied by the owner’s duplicate certificate
of title, the registered owner does not thereby lose his title, and neither does the assignee in the forged deed acquire any right or title
to the property.
The Court, however, finds a need to remand the case to the court a quo in order to determine the rights and obligations of
the parties with respect to the house Sps. Sarili had built on the subject property in bad faith in accordance with Article 449 in relation
to Articles 450, 451, 452, and the first paragraph of Article 546 of the Civil Code
To be deemed a builder in good faith, it is essential that a person asserts title to the land on which he builds, i.e., that he be
a possessor in concept of owner, and that he be unaware that there exists in his title or mode of acquisition any flaw which invalidates
it. Good faith is an intangible and abstract quality with no technical meaning or statutory definition, and it encompasses, among other
things, an honest belief, the absence of malice and the absence of design to defraud or to seek an unconscionable advantage. It implies
honesty of intention, and freedom from knowledge of circumstances which ought to put the holder upon inquiry. As for Sps. Sarili,
they knew – or at the very least, should have known – from the very beginning that they were dealing with a person who possibly had
no authority to sell the subject property considering the palpable irregularity in the subject SPA’s acknowledgment. Yet, relying solely
on said document and without any further investigation on Ramos’s capacity to sell Sps. Sarili still chose to proceed with its purchase
and even built a house thereon. Based on the foregoing it cannot be seriously doubted that Sps. Sarili were actually aware of a flaw or
defect in their title or mode of acquisition and have consequently built the house on the subject property in bad faith under legal
contemplation. The case is therefore remanded to the court a quo for the proper application of the above-cited Civil Code provisions.

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08 Heirs of Sarili, et al v Lagrosa AUTHOR: MAGO

G.R. No 193517 Notes:

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