GR L 852; (March, 1949) (Digest)
G.R. No. L-852; March 19, 1949
LEONIDA MARI and CARIDAD EVANGELISTA, plaintiffs-appellees, vs. ISAAC BONILLA and SILVINA ORDAÑEZ, defendants-appellants.
FACTS
Casimiro Evangelista, married to Leonida Mari, was the registered owner of a homestead. Upon his death, the property was inherited by his widow Leonida and their two children, Caridad and Deogracias Evangelista. Deogracias, falsely representing himself as the sole heir, executed an affidavit of heirship and sold the entire property to the spouses Isaac Bonilla and Silvina Ordañez. The defendants obtained a new transfer certificate of title in their names. Leonida and Caridad, who collectively owned a 3/4 share of the property, sued to recover their share.
ISSUE
Whether the defendants, as purchasers from a co-owner who sold the entire property, are protected as innocent purchasers for value under the Torrens system.
RULING
No. The Supreme Court affirmed the judgment for the plaintiffs. The defense of good faith and reliance on the Torrens certificate of title is unavailing because the vendor, Deogracias, was not the registered owner; the title remained in the name of the deceased Casimiro. The defendants were not purchasers from the registered owner. Furthermore, the summary settlement of estate under Rule 74, upon which Deogracias based his claim as sole heir, does not bind heirs who were not parties to it and does not bar an action to recover a lawful share within the prescriptive period. The defendants, having been put on notice by the circumstances, could not invoke the principle of indefeasibility of a Torrens title.
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