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G.R. No.

104482
January 22, 1996
BELINDA TAREDO, for herself and in representation of her brothers and sisters,
and TEOFILA CORPUZ TANEDO, representing her minor daughter VERNA
TANEDO, petitioners
vs.
THE COURT OF APPEALS, SPOUSES RICARDO M. TAREDO AND TERESITA
BARERA TAREDO, respondents
FACTS:
1. October 20, 1962: Lazardo Taedo executed a notarized deed of absolute sale
in favor of his eldest brother, Ricardo Taedo, and the latters wife, Teresita
Barera (private respondents) whereby he conveyed for P1,500 one hectare of
his future inheritance from his parents.
2. February 28, 1980: Upon the death of his father Matias, Lazaro made another
affidavit to reaffirm the 1962 sale.
3. January 13, 1981: Lazaro acknowledged therein his receipt of P 10,000.00 as
consideration for the sale.
4. February 1981: Ricardo learned that Lazaro sold the same property to his
children (petitioners) through a deed of sale dated December 29, 1980
5. On June 7, 1982, Ricardo recorded the Deed of Sale in their favor in the
Registry of Deeds
Petitioners filed a complaint for rescission (plus damages) of the deeds of sale
executed by Lazaro in favor of Ricardo. They contend that Lolo Matias desired that
whatever inheritance Lazaro would receive from him should be given to his
(Lazaros) children.
Ricardo (private respondents) however presented in evidence a Deed of Revocation
of a Deed of Sale wherein Lazaro revoked the sale in favor of his children for the
reason that it was simulated or fictitious - without any consideration whatsoever.
LAZAROS VERSION: He executed a sworn statement in favor of his children. BUT he
also testified that he sold the property to Ricardo, and that it was a lawyer who
induced him to execute a deed of sale in favor of his children after giving him five
pesos (P5.00) to buy a drink. LABO
Trial court ruled in favor of Lazaros children. Ca affirmed TCs decision.
ISSUES:
1. Is the sale of a future inheritance valid? NO
2. Was Ricardos registration of the deed of valid? YES
HELD: SC rules in favor of Ricardo.

Pursuant to Art 1347, the contract made in 1962 (sale of future inheritance) is not
valid and cannot be the source of any right nor the creator of any obligation
between the parties. (No contract may be entered into upon a future inheritance
except in cases expressly authorized by law.)
However, Article 1544 governs the preferential rights of vendees in cases of
multiple sales. The property in question is land, an immovable, and ownership shall
belong to the buyer who in good faith registers it first in the registry of property.
Thus, although the deed of sale in favor of Ricardo was later than the one in favor of
Lazaros children, ownership would vest with Ricardo because of the undisputed fact
of registration. On the other hand, petitioners have not registered the sale to them
at all.
Lazaros children contend that they were in possession of the property and that
Ricardo never took possession thereof. As between two purchasers, the one who
registered the sale in his favor has a preferred right over the other who has not
registered his title, even if the latter is in actual possession of the immovable
property.
WHEREFORE, the petition is DENIED and the assailed Decision of the Court of
Appeals is AFFIRMED.