Supreme Court Nullifies Fraudulent Property Sale
Avoiding Land Scams: Supreme Court Nullifies Fraudulent Property Sale
Buying land is a major investment, but without proper due diligence, it can turn into a legal nightmare. The recent Supreme Court (SC) decision on the case of Orencio and Eloisa Manalese serves as a cautionary tale for property buyers in the Philippines. The ruling highlights the importance of verifying land ownership beyond just checking the certificate of title. Let’s break it down.
The Case: A Costly Mistake in Land Buying
Orencio and Eloisa Manalese thought they had secured a legitimate deal when they purchased two parcels of land from Carina Pinpin. She presented certificates of title in her name, claiming she had acquired the properties from the original owners, Narciso and Ofelia Ferreras. However, the truth came out later—Pinpin was a fraudulent seller who had faked ownership through a false affidavit of loss and a forged deed of sale.
Unfortunately, the Manaleses found themselves entangled in a legal battle, only for the Supreme Court to rule that their land titles were null and void. Why? Because they failed to exercise due diligence in verifying the authenticity of the documents and ownership history.
SC Ruling: Checking the Title is Not Enough
The Supreme Court stressed that relying only on a certificate of title is not enough when purchasing land—especially if there are signs of fraud. Buyers must go a step further and cross-check records with the Registry of Deeds.
In its ruling, the SC stated:
“Since petitioners did not inquire into the register, and even without such inquiry, they are nonetheless constructively notified of every registration affecting the said subject properties, they cannot feign ignorance of such registrations.”
This means that property buyers are expected to take active steps in verifying a land’s status before purchasing it. Ignorance of existing fraud or irregularities won’t save you in court.
How to Avoid Real Estate Scams
Buying property in the Philippines can be risky if you don’t take precautions. Here are some key steps to avoid falling victim to land fraud:
- Verify the authenticity of the land title – Request a certified true copy from the Registry of Deeds.
- Check for encumbrances and legal claims – Make sure the property isn’t tied to disputes, mortgages, or other claims.
- Investigate the seller’s history – Ensure the seller has a legitimate right to sell the property.
- Conduct on-site inspections – Visit the property and speak with neighbors or barangay officials to verify ownership.
- Consult a legal expert – A real estate lawyer can help spot potential red flags before you commit to a purchase.
Conclusion: ‘Basta lupa, doble ingat dapat!’
This SC ruling is a wake-up call for property buyers. Just because someone presents a land title doesn’t mean it’s legitimate. Due diligence is crucial to avoid legal troubles and financial loss. Before signing any deal, take the extra steps to verify everything—because when it comes to land, prevention is better than cure.
Maraming naloloko sa pekeng bentahan ng lupa, kaya tandaan: Magsaliksik, magtanong, at mag-ingat bago bumili!
Check out our Previous Blog about – The Impact of Foreign Investors on Philippine Real Estate
