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Question
Ramil C., the registered owner of Lot 55, Block 7, Plan 2020-101 in Antipolo City, signs a private deed of sale with his brother-in-law, Mario M., transferring the lot for ₱2,750,000. The instrument is not acknowledged before a notary public and is therefore a private instrument. Mario seeks to register the transfer with the Registry of Deeds. (a) Identify the controlling doctrine about the form required for the transfer of real property and the effect on title passing. (b) Distinguish between a public instrument and a private instrument in this context, and explain the consequences for registration and third-party rights. (c) Apply these principles to the facts: has ownership already passed to Mario? is Mario likely to obtain title by registration? and what remedies are available if Ramil refuses to execute a proper public instrument?