Issuance of title to subdivision lot buyer or condominium unit buyer upon full payment of the price - PD No. 957

"FEPI is liable under Sections 17
and 25 of PD 957.

We now tackle Sections 17 and 25 of PD 957, viz.:

Section 17. Registration. All contracts to sell, deeds of sale and other similar instruments relative to the sale or conveyance of the subdivision lots and condominium units, whether or not the purchase price is paid in full, shall be registered by the seller in the Office of the Register of Deeds of the province or city where the property is situated.

x x x x

Section 25. Issuance of Title. The owner or developer shall deliver the title of the lot or unit to the buyer upon full payment of the lot or unit. No fee, except those required for the registration of the deed of sale in the Registry of Deeds, shall be collected for the issuance of such title. In the event a mortgage over the lot or unit is outstanding at the time of the issuance of the title to the buyer, the owner or developer shall redeem the mortgage or the corresponding portion thereof within six months from such issuance in order that the title over any fully paid lot or unit may be secured and delivered to the buyer in accordance herewith. (Emphases supplied)

The registration of the final deed of sale here is the obligation of FEPI under Section 17. On the other hand, issuance of title under Section 25 should be construed to mean delivery by FEPI of the owner's duplicate copy of the CCT, again for purposes of causing the registration of the property in the buyer's name.

As it was, FEPI violated both provisions of law. Not only did it fail to register the deed of absolute sale before the Register of Deeds, it also refused to deliver to HRI the owner's duplicate copy of the CCT.

Notably, FEPI's obligations to register the final deed of sale (Section 17) and deliver the owner's duplicate copy of the CCT (Section 25) are distinct from the obligation of HRI, as buyer, to legally process the transfer of the CCT in its name as the now registered owner."


G.R. No. 231936, November 25, 2020

FIL-ESTATE PROPERTIES, INC., PETITIONER, VS. HERMANA REALTY, INC., RESPONDENT.

https://lawphil.net/judjuris/juri2020/nov2020/gr_231936_2020.html