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Shoppers Paradise Realty vs. Roque digest.pptx
1.
2. • 25 years lease between Petitioner Shopper’s Paradise Realty & Development
Corporation, represented by Veredigno Atienza, and Dr. Felipe Roque over a
parcel of land with an area of 2, 036 square meters.
• Shopper’s Paradise Realty & Development issued to Dr. Felipe Roque a
check for Php 250,000 = reservation payment
• Memorandum Agreement for the construction, development and operation of
commercial building
• Shopper’s Paradise Realty & Development issued another check for Php
250,000 = downpayment
FACTS
3. 11:11
• Both memorandum of agreement and
contract of lease = notarized
• The death of Dr. Felipe Roque constrained
Shopper’s Paradise Realty to deal with
respondent Efren Roque
• To desist from any attempt to enforce the
contract of lease and memorandum of
agreement
4.
5. • Efren Roque - absolute owner of the subject property by virtue of a deed of donation inter
vivos executed in his favor by his parents, Dr. Felipe Roque and Elisa Roque
• Dr. Felipe Roque had no authority to enter into the assailed agreements
• Donation made in a public instrument duly acknowledged by the donor-spouses before a
notary public and duly accepted on the same day by Efren Roque in the same instrument of
donation.
• The title of property remained in the name of Dr. Felipe Roque and it was only transferred to
and in the name of Efren Roque sixteen years
Efren Roque contention
9. The existence of the donation in favor of roque is
undisputed
The trial court and the appellate court have not erred in holding
that the non-registration of a deed of donation does not affect its
validity
NO.
12. DONATIONS
CIVIL CODE
Title of
ownership, or
other rights
over immovable
property
Civil code
Shall not prejudice
third persons
TRANSFER OF TITLE OVER
THE PROPERTY FROM
DONOR TO THE DONEE
MODE OF ACQUIRING
OWNERSHIP- DONATION
Immovable property
Contained in a public
instrument
15. • It is enough, between the parties to a donation of an immovable property, that the donation be made in a public
document but, in order to bind third persons, the donation must be registered in the Registry of Property.
• A person dealing with registered land may thus safely rely on the correctness of the certificate of title issued
therefor, and he is not required to go beyond the certificate to determine the condition of the property.
• But where such party has knowledge of a prior existing interest which is unregistered at the time he acquired a
right, his knowledge of that prior unregistered interest would have the effect of registration as regards to him
• The appellate court was not without substantial basis when it found Shopper’s Paradise to have a knowledge of
the donation at the time it entered into the two agreements between Dr. Roque.
• Petitioner Shopper’s Paradise Realty was appraised of the fact that the subject property actually belonged to
Efren Roque
