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0 tracked cards Civil Law and Land Titles and Deeds
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Lina, the registered owner of Lot 88, Plan 66666, in Davao City, signs a private deed of sale with her nephew, Carlo, transferring the lot for ₱3,800,000. The instrument is not acknowledged before a notary public and is not a public instrument. Carlo seeks to register the transfer with the Register 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 Carlo? is Carlo likely to obtain title by registration? and what remedies are available if Lina refuses to execute a proper public instrument?

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Clara

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