To prove good faith a buyer of registered and titled land need only show that

To prove good faith a buyer of registered and titled

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To prove good faith, a buyer of registered and titled land need only show that he relied on the face of the title to the property. He need not prove that he made further inquiry for he is not obliged to explore beyond the four corners of the title. Such degree of proof of good faith, however, is sufficient only when the following conditions concur: first, the seller is the registered owner of the land; second, the latter is in possession thereof; and third, at the time of the sale, the buyer was not aware of any claim or interest of some other person in the property, or of any defect or restriction in the title of the seller or in his capacity to convey title to the property. 14 All the conditions enumerated are present in the case at bar, enough for us to consider Prima as a buyer in good faith. Prima Real Properties, Inc. is a company engaged in the buying and selling of real properties. As borne out by the records, respondent exerted efforts to verify the true background of the subject property. Rodolfo Agana presented to respondent the (1) notarized board resolution which stated that at a special meeting held on June 27, 1988, the board of directors authorized Mr. Rodolfo A. Agana, Treasurer, to sell the subject property covered by Transfer Certificate of Title (TCT) No. S- 1648; 15 (2) a separate Certification by the petitioner’s president, Marcelino A. Agana, Jr., authorizing its Treasurer, Rodolfo Agana, to sell said property; 16 and, (3) TCT No. T-1648 of the subject property. Convinced that EVIDENCE CASE DIGESTS | RULE 129 17
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Rodolfo Agana had the authority to sell on behalf of the company after being presented all these documents, the sale between the parties was thereby consummated. A deed of sale was executed on September 5, 1988 17 and the full consideration of ₱2,567,760.00 for the subject property was paid. 18 It is of no moment that the checks were made payable to Rodolfo Agana and not to the company. This was no longer necessary considering that respondent had every reason to rely on Rodolfo Agana’s authority to sell, evidenced by the notarized Certification. In sum, all things being equal, a person dealing with a seller who has [in his] possession title to the property but whose capacity to sell is restricted, qualifies as a buyer in good faith if he proves that he inquired into the title of the seller as well as into the latter’s capacity to sell; and that in his inquiry, he relied on the notarial acknowledgment found in the seller’s duly notarized special power of attorney. He need not prove anything more for it is already the function of the notarial acknowledgment to establish the appearance of the parties to the document, its due execution and authenticity. 19 Aside from the pertinent documents presented, respondent also relied on the confirmation and certification of the Register of Deeds of Las Piñas City and Mr. Timoteo S. Cruz, owner of the land likewise sold by Rodolfo Agana for the petitioner, with similar authorization by the petitioner and signed by the corporate secretary Atty. Agcaoili. Agana acted as
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