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Casabuena v. Court of Appeals [G.R. No. 115410. February 27, 1988]

20 Apr

FACTS

To secure debt, spouses Urdaneta ceded their rights over the land through a deed of assignment.

ISSUE

Whether or not a deed of assignment transfer ownership of property to assignee.

RULING

NO. The act of assignment could not have operated to efface liens or restrictions burdening the right assigned, because an assignee cannot acquire a greater right than that pertaining to the assignor. At most, an assignee can only acquire rights duplicating those which his assignor is entitled by law to exercise. In the case at bar, the Casabuenas merely stepped into Benin’s shoes, who was not so much an owner as a mere assignee of the rights of her debtors. Not having acquired any right over the land in question, it follows that Benin conveyed nothing to defendants with respect to the property.

 

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