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indemnify the debtor in case it be shown that the sale was made without violating the
mortgage or without complying with the requirements of this Act. Such petition shall be
made under oath and filed in the form of an ex parte motion in the registration or
cadastral proceedings if the property is registered, or in special proceedings in the case
of property registered under the Mortgage Law or under section one hundred and
ninety-four of the Administrative Code, or of any other real property encumbered with a
mortgage duly registered in the office of any register of deeds in accordance with any
existing law, and in each case the clerk of the court shall, upon the filing of such
petition, collect the fees specified in paragraph eleven of section one hundred and
fourteen of Act Numbered Four Hundred and ninety-six, as amended by Act Numbered
Twenty-eight hundred and sixty-six, and the court shall, upon approval of the bond,
order that a writ of possession issue, addressed to the sheriff of the province in which
the property is situated, who shall execute said order immediately.
27. Heirs of Severa P. Gregorio vs. Court of Appeals, Spouses Tan, et al.
Facts:
The Spouses Tan, as private respondents, are registered owners of a certain parcel of
lot located in Quezon City that they claimed to have purchased, in good faith, from a certain
private respondent Ricardo Santos who, in turn, purchased said parcel of lot from Severa
Gregorio
The Heirs of Severa Gregorio, as petitioners and represented by its administratrix
Buenconsejo de Vivar, challenged the authenticity of said sale between Spouses Tan and
Santos with claim that Severa Gregorios signature was forged at the instance of the sale
between the former and Ricardo Santos. This is despite the existence of a registered deed of
sale anent to said property
The Spouses Tan maintained their position that they acquired said property from Santos
free from any encumbrances
Issue: Whether or not said claim of the Heirs of Severa Gregorio will hold water.
Held:
No. The Supreme Court ruled in favor of the Spouses Tan as it delved on the matters
connected with the validity of the sale between the said spouses and Ricardo Santos. It ruled
favoring said authenticity on the following grounds:
When a portion of registered property was sold and the sale was duly registered (and annotated
in the certificate of title of the vendor), the vendee technically becomes the owner of the sold
portion as of the registration of the sale although the title to said property is still in the name of
the vendor.
Per established facts connected with cleanliness of the title at the instance of the purchase of
the Spouses Tan (as there was inquiry done with the Registry of Deeds), their good faith
concurs with the said registration of sale, enough to further establish the authenticity of their
claim as legitimate owners of said property