Flashcards Studio

Hilda owns a parcel of land. She privately sells it to Omar through a private deed; the deed is not in a public instrument and is not registered. Omar has not possessed or registered. Later, Hilda executes a public instrument conveying the same parcel to Pi and registers. Before Pi’s conveyance, Omar has not taken possession or registered. Pi then privately conveys the land to Q via a private deed not executed in a public instrument and without registration. A mortgage on the land is held by Bank M. (a) Classify whether the rule that transfers of immovable property must be effected by a public instrument to transfer ownership and bind third parties is mandatory or prohibitory under Art. 5 of the Civil Code. (b) Explain the effect of the private transfers (Hilda→Omar; Pi→Q) on (i) the validity of the Hilda–Omar transfer, and (ii) Bank M’s rights against third-party claimants. (c) If Omar later obtains from Hilda a private deed transferring the same parcel to Ryan, what would be Ryan’s rights and why, in light of the mandatory/prohibitory doctrine?