Flashcards Studio

Nina, the registered owner of Lot 7, Plan 999-888, in Cebu City, signs a private deed of sale with her cousin, Cara, transferring the lot for ₱4,500,000. The instrument is not acknowledged before a notary public and is not a public instrument. Cara 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 Cara? is Cara likely to obtain title by registration? and what remedies are available if Nina refuses to execute a proper public instrument?