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0 tracked cards Civil Law and Land Titles and Deeds

Case: Delta Realty Corp sells Lot 9 to Ms. Luna. The deed of sale is drawn on plain paper, signed by both parties, but is not acknowledged before any public officer. The title to Lot 9 remains in Delta Realty Corp. Ms. Luna seeks to register the transfer with the Registry of Deeds. (a) Define the instrument required for valid transfer of ownership of real property under the Civil Code. (b) Is this private instrument a "public instrument" for purposes of transfer of real property? Explain why or why not. (c) What is the effect of having a private instrument on the transfer of title, and what steps, if any, can Ms. Luna take to perfect title under Philippine law?

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A private instrument is sufficient to transfer ownership if it clearly describes the property and price and if the buyer takes possession, so notarization is optional at the option of the parties. Public instrument status is irrelevant if the property has long and continuous possession by the buyer and the seller consents to the transfer afterward through extrajudicial settlement; registration remains optional. A private instrument can still transfer title if the seller later executes a separate public instrument in the form of a deed of mortgage or autre public instrument that expressly conveys ownership. The instrument must be a public instrument acknowledged before a notary or other public officer; a private instrument cannot transfer ownership of real property and cannot serve as the basis for registration; the remedy is to re-execute the deed of sale in a public instrument and have it acknowledged, then register.

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