Civil Law, 2022 Bar — Question II-6

ESSAY

Being an overseas worker, Salvador issued to Ronaldo a duly notarized Special Power of Attorney (SPA) authorizing the latter to enter into a contract of lease over Salvador's property covered by TCT No. 122433 for a period of three years with SISI Corp. Salvador entrusted to Ronaldo the owner's duplicate of the TCT in case SISI Corp. needed to verify the same. Hearing rumors that the subject property was sold, Salvador went to the Register of Deeds and was shocked to find out that TCT No. 122433 had been cancelled and TCT No. 334388 had been issued in Eduardo's name. To vindicate his property rights, Salvador filed a complaint for cancellation of title and reconveyance. Salvador was able to prove that he was out of the country when the purported sale was executed. On the other hand, Eduardo claims to be an innocent purchaser for value, stating that he paid the fair market value to Ronaldo and that he relied on the fact that Ronaldo presented the original owner's duplicate of Salvador's TCT. He likewise inspected the property and determined that Salvador was indeed the owner. If you were the judge, decide. Explain briefly. (5 points)

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