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Question 17
17. On October 10, 2010, Joaquin executed a deed of absolute sale in favor of
Juancho involving the parcel of land of Joaquin situated in Surigao del Sur.
Juancho did not register the deed of absolute sale with the Register of Deeds of
Surigao del Sur. On October 30, 2010, Joaquin also executed another deed of
absolute sale over the same property in favor of Martina who had no knowledge
of the prior sale between Joaquin and Juancho. Neither Juancho nor Martina took
possession of the parcel of land subject of the two sales. However, after learning
of the October 10, 2010 sale, Martina immediately caused the registration of her
October 30, 2010 deed of absolute sale with the Register of Deeds of Surigao del
Sur. Will Martina be able to invoke the principle “first in time, stronger in
right” as against Juancho? Discuss.
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