Philippine Bar review · Question

Practice question: Double Sale

Multiple Choice Hard

Practice question

Unregistered land was previously validly sold and transferred to a first buyer. A later execution purchaser against the former owner records under Act 3344 and asserts that registration automatically erases the earlier better right. Which is correct?
  1. Execution always transfers more than the debtor owned
  2. Any Act 3344 record defeats every prior right
  3. The earlier conveyance is irrelevant to execution
  4. The sheriff may create new ownership in the debtor
  5. The execution buyer generally steps into the debtor’s interest; Act 3344 registration is without prejudice to a third person’s better right

Legal references

  • Abrigo v. De Vera, G.R. 154409, June 21, 2004, discussing the unregistered-land execution rule: https://lawphil.net/judjuris/juri2004/jun2004/gr_154409_2004.html

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