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?
- Execution always transfers more than the debtor owned
- Any Act 3344 record defeats every prior right
- The earlier conveyance is irrelevant to execution
- The sheriff may create new ownership in the debtor
- 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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