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  • Calalang v. Register of Deeds, GR 76265, Apr. 22, 1992, 208 SCRA 215

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    Gia Dimayuga
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    The case involves a dispute over ownership of Lot 671-A located in Barrio Culiat, Diliman. The petitioners claim to have bought portions of the land from Amando Clemente in the 1950s, who allegedly owned the land according to the certificate of title. However, the respondent Iglesia ni Kristo claims ownership of the entire lot, having bought it in 1975 from Lucia dela Cruz, who was declared the rightful owner in the 1984 case dela Cruz v. dela Cruz. The court ruled that Iglesia ni Kristo's ownership is preferred since Lucia dela Cruz owned the land since 1943, prior to Amando Clemente's alleged title from 1951. The

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    265. Calalang v. Register of Deeds, GR 76265, Apr. 22, 1992, 208 SCRA 215

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    The case involves a dispute over ownership of Lot 671-A located in Barrio Culiat, Diliman. The petitioners claim to have bought portions of the land from Amando Clemente in the 1950s, who allegedly owned the land according to the certificate of title. However, the respondent Iglesia ni Kristo claims ownership of the entire lot, having bought it in 1975 from Lucia dela Cruz, who was declared the rightful owner in the 1984 case dela Cruz v. dela Cruz. The court ruled that Iglesia ni Kristo's ownership is preferred since Lucia dela Cruz owned the land since 1943, prior to Amando Clemente's alleged title from 1951. The

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    © All Rights Reserved
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    83 views1 page

    Calalang v. Register of Deeds, GR 76265, Apr. 22, 1992, 208 SCRA 215

    Uploaded by

    Gia Dimayuga
    The case involves a dispute over ownership of Lot 671-A located in Barrio Culiat, Diliman. The petitioners claim to have bought portions of the land from Amando Clemente in the 1950s, who allegedly owned the land according to the certificate of title. However, the respondent Iglesia ni Kristo claims ownership of the entire lot, having bought it in 1975 from Lucia dela Cruz, who was declared the rightful owner in the 1984 case dela Cruz v. dela Cruz. The court ruled that Iglesia ni Kristo's ownership is preferred since Lucia dela Cruz owned the land since 1943, prior to Amando Clemente's alleged title from 1951. The

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    Download as docx, pdf, or txt
    of 1

    265. Calalang v. Register of Deeds, GR 76265, Apr.

    22, 1992, 208 SCRA 215

    FACTS

    The subject of controversy in these two consolidated petitions is a parcel of land — Lot
    671-A of the Piedad Estate located in Barrio Culiat, Diliman. The petitioners are
    individual lot owners who claim to have bought their respective portions from Amando
    Clemente in the 1950's. Amando Clemente is alleged to be the registered owner of said
    land evidenced by Transfer of Certificate Title No. 16212 covering about 81,160 square
    meters who converted it into a subdivision known as Clemville Subdivision.

    Lot 671-A is actually part of a bigger parcel known as Lot 671 which is claimed by
    respondent Iglesia ni Kristo (INK), which bought said property from Lucia dela Cruz in
    1975. Dela Cruz was adjudged the rightful owner of Lot 671 in the case of dela Cruz
    v. dela Cruz (130 SCRA 666 [1984]). INK began fencing the whole area and placed the
    following sign "NO TRESPASSING — IGLESIA NI KRISTO PROPERTY SUPREME
    COURT CASE NO. 61969, July 25, 1984." Briefly, the dela Cruz v. dela Cruz case is an
    action for reconveyance founded on breach of trust filed by Augustina dela Cruz, et al.
    against Lucia dela Cruz and INK. Augustina and her co-plaintiffs charged that the parcel
    of land purchased by the INK from Lucia dela Cruz was actually a part of their
    inheritance share in the estate of their late grandfather, Policarpio dela Cruz but which,
    in breach of trust known to the INK, Lucia sold to the latter.

    Augustina's suit was originally decided in her favor by the trial court. On appeal to the
    Court of Appeals, the judgment was reversed and the questioned sale by Lucia dela
    Cruz to the INK was upheld. Consequently, Augustina went to the Supreme Court on a
    petition for review on certiorari, docketed as G. R. No. 61969.

    ISSUE

    Whether or not preference is accorded to a registered levy on attachment or execution?

    RULING

    Yes. Preference accorded to a registered levy on attachment or execution. Since it is


    the act of registration which transfers ownership of the land sold (Government Service
    Insurance System v. Court of Appeals, 169 SCRA 244 [1989]). Lot 671 was already
    owned by Lucia dela Cruz as early as 1943. Amando Clemente's alleged title
    meanwhile which was issued on August 9, 1951 was very much later. Thus, the
    petitioners, who merely stepped into the shoes of Amando Clemente cannot claim a
    better right over said land. "Prior est temporae, prior est in jura" (he who is first in time is
    preferred in right) (Garcia v. Court of Appeals, 95 SCRA 380 [1980]). The fact that
    Amando Clemente possessed a certificate of title does not necessarily make him the
    true owner. And not being the owner, he cannot transmit any right to nor transfer any
    title or interest over the land conveyed.

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