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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.
ISSUES:
1. Is the sale of a future inheritance valid? NO
2. Was Ricardos registration of the deed of valid? YES
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.