Philippine Bar review · Question

Practice question: Innocent Purchaser for Value; Rights

Multiple Choice Hard

Practice question

A bank seeks protection as an innocent mortgagee after accepting land as collateral. Its file contains only a photocopy of the title and a price estimate, although the responsible officers knew that unrelated occupants asserted adverse rights. The bank argues that professional lending institutions enjoy a lower inquiry standard because transactions must be fast. Which answer is sound?
  1. Commercial speed lowers the standard automatically
  2. The bank must prove the heightened diligence applicable to its business; the stated omissions cannot be excused by speed or bare title reliance
  3. Every mortgage becomes invalid whenever someone occupies land
  4. A photocopy conclusively resolves all competing rights
  5. A bank’s public importance immunizes its omissions

Legal references

  • G.R. 247868, October 12, 2022, main opinion: https://lawphil.net/judjuris/juri2022/oct2022/gr_247868_2022.html

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