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The spouses
Arguelles registered their adverse claim
Doctrine: based on the unregistered sale dated
While one who buys from the registered December 1, 1990 over Lot 3-C.
owner does not need to look behind the
certificate of title, one who buys from one Spouses Arguelles filed petition to annul the
who is not the registered owner is expected mortgage against the respondent Bank. The
to examine not only the certificate of title but spouses Arguelles alleged ownership over
all factual circumstances necessary for one the land that had been mortgaged in favor of
to determine if there are any flaws in the title the respondent Malarayat Rural Bank.
of the transferor, or in the capacity to
transfer the land. The same rule applies RTC ruled in favor of Sps. Arguelles finding
inasmuch as the law itself includes a that spouses Guia were no longer the
mortgagee in the term "purchaser. absolute owners of the land in question in
view of the unregistered sale in favor of the
A banking institution is expected to exercise vendee spouses Arguelles
due diligence before entering into a
mortgage contract. CA reversed and set aside the decision of
RTC.
Spouses Arguelles claimed that they never While one who buys from the registered
received the TCT corresponding to Lot 3-C owner does not need to look behind the
from the spouses Guia. certificate of title, one who buys from one
who is not the registered owner is expected
Spouses Guia obtained a loan in the amount to examine not only the certificate of title but
of P240,000 from the respondent Malarayat all factual circumstances necessary for one
Rural Banlc and secured the loan with a to determine if there are any flaws in the title
Deed of Real Estate Mortgage over Lot 3-C of the transferor, or in the capacity to
pursuant to the Special Power of Attorney transfer the land.
executed by Fermina Guia.
The same rule applies inasmuch as the law
The spouses Arguelles alleged that it was itself includes a mortgagee in the term
only in 1997 or after seven years from the "purchaser.
date of the unregistered sale that they
discovered from the Register of Deeds that When "the person applying for the loan is
the Land was subdivided to three lots and other than the registered owner of the real
property being mortgaged, such fact should
have already raised a red flag and which
should have induced the Bank to make
inquiries into and confirm the authority to
mortgage.