Dear PAO,
Last 2009, Mr. Tolosa offered to sell his house and lot. After confirming with the Register of Deeds that his title is clean, I bought the property and transferred the title in my name in

January 2010. Recently, I received a letter from one Mrs. Asperas demanding me to vacate the property. She claims that she also bought the property from Mr. Tolosa in 2005, and that she had the title transferred in her name in 2011. This shocked me because this is the first time I heard about her claim. Will she own the property because she bought it first? Please help.
Raquel

Dear Raquel,
Your problem involves what is called as “double sale”. It is a situation when the vendor sells the same property to two (2) or more different vendees. The law that is applicable to your problem is Article 1544 of the Civil Code. It states in substance that in case of a double sale of immovable property, such as land, the ownership will be transferred in the following order: (1) first person to register the sale in good faith; (2) the first possessor in good faith; and (3) the buyer who in good faith presents the oldest title. Based on the foregoing, the first person to register the sale has the better right over the property compared to the person who first occupies the property and the person who first bought the property.

But mere registration is not enough for the second buyer. The Supreme Court has been consistent in saying that to be given a better right over the first buyer, the second buyer must show that he acted in good faith from the time he bought the property until the title is transferred in his name. Good faith means ignorance of the first sale and of the first buyer’s rights (Pagaduan vs. Estanislao, G.R. No. 176308, May 2009, citing Uraca v. Court of Appeals).

In your case, you are the first to register the sale by securing a certificate of title in your name.
Moreover, based on the information you gave us, you only knew about the claim of Mrs. Asperas when she sent the demand letter, and this was after you registered the sale. Hence, you registered the sale in good faith because you do not have any knowledge of the first sale from the time you bought the property until you register the sale. Therefore, as the first registrant in good faith, you have a better right over Mrs. Asperas.

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

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