law Archives | SeanKirsten Realty

Mirror Doctrine for Buyers of Real Property

By Neil Christian Oco Posted in Real Estate Laws & Jurisprudence On Sep 07, 2017

Mirror Doctrine echoes the doctrinal rule that every person dealing with registered land may safely rely on the correctness of the certificate of title issued therefor and is in no way obliged to go beyond the certificate to determine the condition of the property. (Rufloe v. Burgos, G.R. No. 143573, January 30, 2009) The recognized […]

Precautionary Measures for Buyers of Real Property

By Neil Christian Oco Posted in Real Estate Laws & Jurisprudence On Sep 07, 2017

In 1992, Petitioner Locsin filed an ejectment case against one Aceron before the Metropolitan Trial Court (MTC) to recover possession over the land in issue. Eventually, the two entered into a compromise agreement, which the MTC approved. In 1994, Locsin and her counsel discovered that one Marylou Bolos had the TCT cancelled and then secured […]

Proof of Alienable and Disposable Character of the Property

By Neil Christian Oco Posted in Real Estate Laws & Jurisprudence On Aug 18, 2017

In 1978, Andres Valiente sold a parcel of land to respondents Jose and Perla Castuera (Spouses Castuera). On 21 May 2003, the Spouses Castuera filed with the RTC an application for original registration of title over the property. The Spouses Castuera presented three witnesses as well as documentary evidence which includes tax receipts and an […]

Period Within Which to File an Action for Reconveyance By Persons In Possession of the Subject Property

By Neil Christian Oco Posted in Real Estate Laws & Jurisprudence On Jul 19, 2017

The petitioner claimed to have purchased a 2. 7360-hectare agricultural land from his father Jose Campit in 1977. On the other hand, respondents claimed to be the rightful owners of the subject property, as earlier adjudged by the court in Civil Case decided on June 12, 1961, and in Civil Case decided on August 8, […]

Real Estate Broker Must Be The Procuring Cause To Receive Commission

By Neil Christian Oco Posted in Real Estate Laws & Jurisprudence On Jul 09, 2017

This case is about a broker’s claim for commission for having referred a possible buyer who later served as an intermediary to the eventual sale of the property to a third party. Oriental Petroleum owned two condominium units at Corinthian Plaza in Makati City. It gave Tuscan Realty a “non-exclusive authority to offer” these units […]

Proof Required in a Judicial Confirmation of Incomplete or Imperfect Title

By Neil Christian Oco Posted in Real Estate Laws & Jurisprudence On May 10, 2017

Petitioner Canlas applied for the original registration of title of a parcel of land, under Presidential Decree No. 1529. There was no opposition to Canlas’ application. Respondent Republic of the Philippines (Republic) did not submit its comment or opposition but filed a notice of appeal. Canlas comes before this court, arguing that she has duly […]

Payment of Earnest Money Prior To Acceptance Of Offer Does Not Perfect A Contract of Sale

By Neil Christian Oco Posted in Real Estate Laws & Jurisprudence On Feb 01, 2017

Petitioner First Optima Realty Corporation is a domestic corporation engaged in the real estate business. It is the registered owner of a parcel of land with improvements located in Pasay City, covered by Transfer Certificate of Title (the subject property). Respondent Securitron Security Services, Inc., a domestic corporation with offices located beside the subject property, […]

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