This case raises the question of who has the stronger right to a property when it is donated to two different persons. The dispute is between Angela and her biological father, Carlo.
When Angela was still young, Carlo gave her up for adoption to his aunt, Feliza. Feliza raised and cared for Angela from childhood, and she continued to support her even after Angela got married. At that time, Feliza was the recipient of five parcels of land located along the waterfront in their city through a Miscellaneous Sales Application (MSA) with the Bureau of Lands.
To help Angela, Feliza decided to transfer her rights over one of the awarded lots, specifically Lot 5 with an area of 152 square meters. On May 28, 1983, Feliza executed a Deed of Self-Adjudication and Transfer of Rights in favor of Angela. Angela accepted the transfer and agreed to take over all the duties, responsibilities and conditions required under the MSA for the said lot.
The Bureau of Lands approved the transfer and amended the MSA in Angela’s name. After Angela fully paid the required amount, an Original Certificate of Title (OCT No. 3439) was issued in her name on May 2, 1989. Beginning in 1993, Angela and her husband declared the property as their own for tax purposes.
However, on June 24, 1993, Angela was surprised when her own father, Carlo, filed a case against her to recover the land. Carlo claimed that on Jan. 4, 1984, Feliza donated the same lot to him, even though it had already been transferred to Angela, and that he immediately took possession of it. He argued that this later donation canceled the earlier transfer to Angela and that Angela acted in bad faith when she registered the land in her name. Carlo relied on Articles 744 and 1544 of the Civil Code, claiming that he had a better right because he was the first to possess the property in good faith.
Was Carlo correct? No. Under Articles 744 and 1544 of the Civil Code, when land is transferred to different persons, ownership belongs to the one who first registers it in good faith. Angela already had an Original Certificate of Title based on the 1983 Deed of Self-Adjudication and Transfer of Rights executed by Feliza. Carlo’s claim that Angela acted in bad faith is unsupported by evidence. Public documents and Torrens titles are presumed valid, and OCT No. 3439, issued in Angela’s name in 1989, cannot be defeated by mere allegations. Once registered, a Torrens title serves as notice to the whole world.
Even if Angela obtained the land in bad faith, only the State may file a reversion case because the land was originally part of the public domain. Under Section 101 of the Public Land Act, a private person cannot seek the cancellation of a patent or title issued by the government. Since Angela’s title came from a government grant, only the State can question its validity. Therefore, Carlo has no legal standing to challenge Angela’s title. (Alvarico vs. Sola GR No.138953, June 6, 2002).
* * *
Email: js0711192@gmail.com