2016 (Civil Law) Bar Exam Questions: Question 17

[Answer/discuss the question below, or see 2016 bar exam Civil Law Instructions; 2016 Labor Law Questions:   12345678910111213141516171819 and 20; See also 2016 Bar Exam: Information, Discussions, Tips, Questions and Results]

-XVII-

Macario bought a titled lot from Ramon, got the title and took possession ofthe lot. Since Macario did not have the money to pay the taxes, fees and registration expenses, he was not able to register the Deed ofAbsolute Sale. Upon advice, he merely executed an Affidavit of Adverse Claim and had it annotated at the back of the title. A few years after, he received a Notice ofLevy on Attachment and Writ ofExecution in favor ofAlex. The notice, writ and certificate of sale were annotated at the back of the title still in Ramon’s name. Alex contends that since the Affidavit of Adverse Claim is effective only for 30 days from the date o f its registration, then its validity has expired. Macario posits that the annotation ofhis adverse claim is notice to the whole world ofhis purchase ofthe lot in question. Who has the superior right over the disputed property – Macario or Alex? Explain. (5%)

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