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When can a mortgage be considered valid?

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Under Article 2085 of the Civil Code, a mortgage, to be valid, must have the following requisites, namely:

• that it be constituted to secure the fulfillment of a principal obligation;
• that the mortgagor be the absolute owner of the thing mortgaged; and
• that the person constituting the mortgage has free disposal of the property, and in the absence of the right of free disposal, that the person be legally authorized for the purpose.

Tabuada vs. Tabuada , G.R. No. 196510, September 12, 2018, [880 SCRA 67]

 

 

 

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Who is a buyer in good faith?

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A buyer in good faith is one who purchases and pays fair price for a property without notice that another has an interest over or right to it.

 

Amoguis vs. Ballado, G.R. No. 189626, August 20, 2018, [878 SCRA 1]

 

 

 

 

 

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When can a buyer acquire ownership over the thing sold?

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In a contract of sale, ownership of a thing sold shall pass to the buyer upon actual or constructive delivery on the thing sold in the absence of any stipulation to the contrary.

 

Beltran vs. Cangayda, G.R. No. 225033,August 15, 2018, [877 SCRA 582]

 

 

 

 

 

 

 

 

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Are tax declarations considered as conclusive evidence of ownership?

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Although tax declarations or realty tax payment of property are not conclusive evidence of ownership, nevertheless, they are good indication of possession in the concept of owner for no one in his right mind would be paying taxes for a property that is not in his actual or at least constructive possession.

 

Bernas vs. Estate of Felipe Yu Han, G.R. No. 195908, August 15, 2018, [877 SCRA 325]