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Lorenzo Berico, Et Al. Vs. Court Of Appeals, Et Al.

LORENZO BERICO and VISITACION SANCHEZ, petitioners, vs. THE HONORABLE COURT OF APPEALS (Former Ninth Division), CIRIACO FLORES and FELISA BAREJA, respondents.

G.R. No. 96306 | 1993-08-20

D E C I S I O N


DAVIDE, JR., J.:

In the double sale of an immovable property under Article 1544 of the Civil Code, does prescription bar an action by the first vendees, who are in possession of the said property, against the second vendee for the annulment of a transfer certificate of title over the property procured by the latter who has knowledge of the first sale and who recognizes the first vendees' possession?

This is the core issue in the instant case.

Both the trial court and the public respondent resolved the issue in favor of the first vendees -- the herein private respondents.

From the pleadings of the parties and the decisions of...