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Question
Fina owns Lot 32, Block 5, in a subdivision. She privately sells the lot to Alma through a private deed, but the transaction is not embodied in a public instrument and is not registered. Alma does not take possession or register the deed. Later, Fina sells the same lot to Omar through another private deed, also not in a public instrument and not registered. A bank holds a mortgage on Lot 32 in favor of Bank Z. (a) Classify whether the rule that transfers of immovable property must be effected by a public instrument in order to transfer ownership and bind third parties is mandatory or prohibitory under Art. 5 of the Civil Code. (b) Explain the effect of these private transfers on (i) the validity of the transfer between Fina and Alma, and (ii) Alma’s rights against third parties who claim an interest in the land (such as Bank Z). (c) If Alma later obtains from Fina a private deed transferring the same parcel to Louis, what would be Louis’s rights and why, in light of the mandatory/prohibitory doctrine?