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FEPI's Liability Under PD 957 Sections | PDF | Deed | Conveyancing
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FEPI's Liability Under PD 957 Sections

FEPI is found liable under Sections 17 and 25 of PD 957 for failing to register the deed of sale and deliver the owner's duplicate copy of the CCT to HRI. The court ordered FEPI to execute a notarized Deed of Absolute Sale for a specific property and ensure its registration. The obligations of FEPI are distinct from HRI's responsibilities as the buyer in processing the title transfer.

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22 views1 page

FEPI's Liability Under PD 957 Sections

FEPI is found liable under Sections 17 and 25 of PD 957 for failing to register the deed of sale and deliver the owner's duplicate copy of the CCT to HRI. The court ordered FEPI to execute a notarized Deed of Absolute Sale for a specific property and ensure its registration. The obligations of FEPI are distinct from HRI's responsibilities as the buyer in processing the title transfer.

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© © All Rights Reserved
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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.

xxxx

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.

ACCORDINGLY the petition for review is PARTLY GRANTED. The Decision dated November 29, 2016 and Resolution dated May 26, 2017 of the Court
of Appeals in CA-G.R. SP No. 137086 are MODIFIED, as follows:

1) Petitioner Fil-Estate Properties, Inc. is ORDERED to immediately EXECUTE a notarized Deed of Absolute Sale covering Ground Retail Unit B,
West Tower in favor of respondent Hermana Realty, Inc., PROVIDE an original copy thereof to respondent Hermana Realty, Inc., and CAUSE its
registration pursuant to Section 17 of PD 957;

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