Carumba vs.

CA
Facts: Spouses Amado Canuto and Nemesia Ibasco, by virtue of a deed of sale, so
ld a parcel of landin favour of the spouses Amado Carumba and Benita Canuto. The
referred deed of sale was never registered notary, was not then an authorized n
otary public in the place. It has also been expressly admitted Amado Canuto is t
he older brother of the wife of Amado Carumba.
A complaint for a sum or money was filed against Amado Canuto and Nemesia Ibasco
by Santiago Balbuena, and a decision was rendered in favor against them. The ex
-officio Sheriff, issued a "Definite Deed of Sal of the property now in question
in favor of Santiago Balbuena, which instrument of sale was registered. The afo
resaid property was declared for taxation purposes in the name of Santiago Balbu
ena.
The Court of First instance nullified the sale in favor of the judgment creditor
, Santiago Balbuena. However upon appeal, the appellate court declared that ther
e having been a double sale of the land subject of the suit Balbuena's title was
superior to that of the other; the execution being properly registered in good
faith and that the sale to Carumba was not recorded.
Issue: w/n there is double sale
Held: Under the invoked Article 1544 registration in good faith prevails over
possession in the event of a double sale by the vendor of the same piece of land
to different vendees, however it does not apply to the present case, even if Ba
lbuena, the later vendee, was ignorant of the prior sale made by his judgment de
btor in favor of petitioner Carumba. The reason is that the purchaser of unregis
tered land at a sheriff's execution sale only steps into the shoes of the judgme
nt debtor, and merely acquires the latter's interest in the property sold as of
the time the property was levied upon.
But the deed of sale in favor of Canuto had been executed earlier. Addio
tnally, the fact that petitioner Carumba had taken possession of the unregistere
d land sold, sufficed to vest ownership on the said buyer. When the levy was mad
e by the Sheriff, therefore, the judgment debtor no longer had dominical interes
t nor any real right over the land that could pass to the purchaser at the execu
tion sale. Hence, the latter must yield the land to petitioner Carumba.