21/04/2025
Caveat Emptor (Let the buyer beware)
Nowadays, it is important to exercise due diligence before buying real properties.
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The (SC) has ruled that land buyers must verify ownership by checking the certificate of title and reviewing the records in the Registry of Deeds to avoid fraudulent transactions.
In a Decision penned by Associate Justice Alfredo Benjamin S. Caguioa, the Court’s Third Division upheld the rulings of the Regional Trial Court and Court of Appeals which voided the land titles of a married couple who failed to conduct due diligence when they bought the properties from someone who acquired her titles through fraud.
Orencio and Eloisa Manalese purchased two parcels of land from Carina Pinpin, who presented certificates of title in her name and claimed to have bought the properties from the original owners, the late Narciso and Ofelia Ferreras.
However, the administrator of the Ferreras estate, alleged that Pinpin fraudulently obtained duplicate titles by submitting a false affidavit of loss and a forged deed of sale. Pinpin then used these to sell the properties to Spouses Manalese a year later.
The Supreme Court upheld the lower courts’ findings, stressing that buyers must check both the certificate of title and the Registry of Deeds records before purchasing land. Relying solely on a certificate of title is insufficient, especially if there are signs of fraud or irregularity.
In this case, the Spouses Manelese failed to investigate despite multiple warning signs, making them liable for not exercising due diligence. Several key documents were already on record, including the affidavit of loss procured by Pinpin, the issuance of another set of duplicate titles, a second affidavit of loss by a certain Zenaida Ferreras, and the nearly simultaneous registrations of these three annotations on the titles.
Said the Court: “Since petitioners did not inquire into the register, and even without such inquiry, they are nonetheless constructively notified of every registration affecting the said subject properties, they cannot feign ignorance of such
registrations.”
Read the full text of the Press Release at https://sc.judiciary.gov.ph/sc-land-buyers-must-check-both-title-and-registry-of-deeds-records/.
Read the full text of the Decision at https://tinyurl.com/3njh86mk.
Read the Separate Concurring Opinion of Associate Justice Henri Jean Paul B. Inting at https://tinyurl.com/3k2p236k.
Copying of this content is subject to the SC PIO’s Credit Attribution Policy: https://sc.judiciary.gov.ph/credit-attribution-policy/.
The (SC) has ruled that land buyers must verify ownership by checking the certificate of title and reviewing the records in the Registry of Deeds to avoid fraudulent transactions.
In a Decision penned by Associate Justice Alfredo Benjamin S. Caguioa, the Court’s Third Division upheld the rulings of the Regional Trial Court and Court of Appeals which voided the land titles of a married couple who failed to conduct due diligence when they bought the properties from someone who acquired her titles through fraud.
Orencio and Eloisa Manalese purchased two parcels of land from Carina Pinpin, who presented certificates of title in her name and claimed to have bought the properties from the original owners, the late Narciso and Ofelia Ferreras.
However, the administrator of the Ferreras estate, alleged that Pinpin fraudulently obtained duplicate titles by submitting a false affidavit of loss and a forged deed of sale. Pinpin then used these to sell the properties to Spouses Manalese a year later.
The Supreme Court upheld the lower courts’ findings, stressing that buyers must check both the certificate of title and the Registry of Deeds records before purchasing land. Relying solely on a certificate of title is insufficient, especially if there are signs of fraud or irregularity.
In this case, the Spouses Manelese failed to investigate despite multiple warning signs, making them liable for not exercising due diligence. Several key documents were already on record, including the affidavit of loss procured by Pinpin, the issuance of another set of duplicate titles, a second affidavit of loss by a certain Zenaida Ferreras, and the nearly simultaneous registrations of these three annotations on the titles.
Said the Court: “Since petitioners did not inquire into the register, and even without such inquiry, they are nonetheless constructively notified of every registration affecting the said subject properties, they cannot feign ignorance of such
registrations.”
Read the full text of the Press Release at https://sc.judiciary.gov.ph/sc-land-buyers-must-check-both-title-and-registry-of-deeds-records/.
Read the full text of the Decision at https://tinyurl.com/3njh86mk.
Read the Separate Concurring Opinion of Associate Justice Henri Jean Paul B. Inting at https://tinyurl.com/3k2p236k.
Copying of this content is subject to the SC PIO’s Credit Attribution Policy: https://sc.judiciary.gov.ph/credit-attribution-policy/.
