Sajonas v CA

Topic: adverse claim

Facts:
Sps Ernesto Uychocde and Lucita Jarin agreed to sell a parcel of land located in
Antipolo, Rizal to the Sps Alfredo Sajonas and Conchita Sajonas on Installment basis
evidenced by a contract to sell. The land was registered in the names of sps
Uychocde. Sps Sajonas caused the annotanion of an adverse claim based on the
said Contract to sell. Upon full payment, the deed of absolute sale was registered a
year after.
It appears that before the sale, Domingo Pilares filed a case for collection of money
against the Uychocdes, were a compromise agreement was entered by the parties.
The deed of sale was cancelled and in lieu thereof, TCT was sued in the name of the
Sajonas. the Sajonas filed for a third party claim since there was a notice of levy on
execution filed by the Pilares.
Issue: WON the 30 day period for adverse claim constitute an absolute title under
sec 70 of PD 1529
Held:
The court ruled in favor of the petitioner that the adverse claim constitute as a valid
title to the property. The court pointed out that sec 70 should be read in whole
specifically the adverse claim shall be effective for a period of thirty days from the
date of registration. After the lapse of said period, the annotation of adverse claim
may be cancelled upon filing of a verified petition therefor by the party interest.
The rational of the law was for the adverse claim to ipso facto lose force
and effect after the lapse of 30 days then it would not have been
necessary to include the caveat (warning) to clarify and complete the rule.
For then, no adverse claim need be cancelled. If it has been automatically
terminated by mere lapse of time, the law would not have required the
party in interest to do a useless act.