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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
December-1995 Jurisprudence                 

  • G.R. Nos. 106949-50 December 1, 1995 - PAPER INDUSTRIES CORPORATION OF THE PHILIPPINES v. COURT OF APPEALS, ET AL.

  • G.R. No. 109870 December 1, 1995 - EDILBERTO M. CUENCA v. COURT OF APPEALS, ET AL.

  • G.R. No. 115243 December 1, 1995 - GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS) v. COURT OF APPEALS, ET AL.

  • G.R. No. 117577 December 1, 1995 - ALEJANDRO B. TY, ET AL. v. AURELIO C. TRAMPE, ET AL.

  • G.R. No. 118509 December 1, 1995 - LIMKETKAI SONS MILLING, INC. v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. RTJ-94-1167 December 4, 1995 - NASIB D. YASIN v. AUGUSTO N. FELIX

  • Adm. Matter No. MTJ-95-1028 December 4, 1995 - REYNATO MANLANGIT v. MELITO L. URGEL

  • G.R. No. 55134 December 4, 1995 - PEDRO PILAPIL, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 103567 December 4, 1995 - PEOPLE OF THE PHIL. v. FRANCISCO G. SALLE, JR., ET AL.

  • G.R. No. 104114 December 4, 1995 - LEE CHUY REALTY CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 107938 December 4, 1995 - PEOPLE OF THE PHIL. v. ABULKHAIR PATAMAMA

  • G.R. No. 108873 December 4, 1995 - PEOPLE OF THE PHIL. v. LAURENCE "LARRY" CAJILO, ET AL.

  • G.R. No. 120132 December 4, 1995 - CRISANTA GALAY, ET AL. v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. P-95-1163 December 6, 1995 - DANILO M. SY v. ISABELITA M. CRUZ

  • G.R. No. 80127 December 6, 1995 - ORIENTAL MEDIA, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 97401 December 6, 1995 - LUIS CASTRO, JR., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 107729 December 6, 1995 - GEORGE D. JONES v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. Nos. 115908-09 December 6, 1995 - PEOPLE OF THE PHIL. v. DANNY GODOY

  • Adm. Matter No. 95-6-02-SB December 7, 1995 - IN RE: SANTOS GONZALES, JR.

  • G.R. No. 83812 December 7, 1995 - PEOPLE OF THE PHIL. v. ENRICO PERALTA, ET AL.

  • G.R. No. 109281 December 7, 1995 - PHIL. TELEGRAPH AND TELEPHONE CORP., ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 118114 December 7, 1995 - TEODORO ACAP v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 120865-71 December 7, 1995 - LAGUNA LAKE DEVELOPMENT AUTHORITY v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. P-951146 December 8, 1995 - ARTEMIO R. ALIVIA v. ELENA P. NIETO

  • G.R. No. 103301 December 8, 1995 - SERVICEWIDE SPECIALISTS INCORPORATED v. COURT OF APPEALS, ET AL.

  • G.R. No. 105720 December 8, 1995 - PEOPLE OF THE PHIL. v. FRANCISCO DELA CRUZ

  • G.R. No. 110801 December 8, 1995 - MARIKINA VALLEY DEVELOPMENT CORPORATION, ET AL. v. NAPOLEON R. FLOJO

  • G.R. Nos. 111962-72 December 8, 1995 - MAXIMINO B. GAMIDO v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. RTJ-92-876 December 11, 1995 - STATE PROSECUTORS v. MANUEL T. MURO

  • G.R. Nos. 84985-86 December 11, 1995 - FOREMOST INCORPORATED v. DEPARTMENT OF LABOR AND EMPLOYMENT, ET AL.

  • G.R. No. 112206 December 11, 1995 - GONZALO D. LABUDAHON, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 114001 December 11, 1995 - PEOPLE OF THE PHIL. v. ROLLY O. ALBERT

  • Adm. Matter No. RTJ-93-955 December 12, 1995 - LUCAS M. CASTAÑOS, ET AL. v. FRANCISCO H. ESCAÑO, JR.

  • G.R. No. 100643 December 12, 1995 - ADEZ REALTY, INCORPORATED v. HONORABLE COURT OF APPEALS, ET AL.

  • G.R. No. 105619 December 12, 1995 - MARIA ROSARIO DE SANTOS v. ADORACION G. ANGELES, ET AL.

  • G.R. No. 108072 December 12, 1995 - JUAN M. HAGAD v. MERCEDES GOZODADOLE, ET AL.

  • G.R. Nos. 112438-39 & 113394 December 12, 1995 - CHEMPHIL EXPORT & IMPORT CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 117487 December 12, 1995 - PEOPLE OF THE PHIL. v. ARNEL B. ALICANDO

  • G.R. No. 118701 December 12, 1995 - PHILIPPINE EXPORT AND FOREIGN LOAN GUARANTEE CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 114848 December 14, 1995 - ALEX A. FALGUERA v. CORNELIO L. LINSANGAN, ET AL.

  • G.R. No. 115156 December 14, 1995 - PEOPLE OF THE PHIL. v. GO SHIU LING, ET AL.

  • G.R. No. 93233 December 19, 1995 - JAO & COMPANY, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 107756 December 19, 1995 - PAULINO BALBALEC, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 107898 December 19, 1995 - MANUEL LIM, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 112592 December 19, 1995 - PRUDENTIAL BANK v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 114950 December 19, 1995 - RAFAEL G. SUNTAY v. COURT OF APPEALS, ET AL.

  • G.R. No. 115067 December 19, 1995 - PEOPLE OF THE PHIL. v. JOSE GOMEZ, ET AL.

  • G.R. No. 115213 December 19, 1995 - WILSON DIU, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 108142 December 26, 1995 - ARCHBUILD MASTERS AND CONSTRUCTION, INC., ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 108153 December 26, 1995 - JUAN P. VILLENO v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 108175 December 26, 1995 - PEOPLE OF THE PHIL. v. JHONIE POLANGCO, ET AL.

  • G.R. No. 109078 December 26, 1995 - WILSON P. YU v. COURT OF APPEALS, ET AL.

  • G.R. No. 111459 December 26, 1995 - ROGELIO M. BANAWA v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 114343 December 28, 1995 - ANGELO CAL v. COURT OF APPEALS, ET AL.

  • G.R. No. 116702 December 28, 1995 - MUNICIPALITY OF CANDIJAY, BOHOL v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. P-88-269 December 29, 1995 - OSCAR ABETO v. MANUEL GARCESA

  • G.R. No. L-59255 December 29, 1995 - OLIVIA M. NAVOA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 73077 December 29, 1995 - ESCOLASTICA MONTESCLAROS SON, ET AL. v. CARMELINO SON, ET AL.

  • G.R. No. 95770 December 29, 1995 - ROEL EBRALINAG, ET AL. v. THE DIVISION SUPERINTENDENT OF SCHOOLS OF CEBU, ET AL.

  • G.R. No. 100092 December 29, 1995 - CENTRAL AZUCARERA DE LA CARLOTA v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 100098 December 29, 1995 - EMERALD GARMENT MANUFACTURING CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 103499 December 29, 1995 - PEOPLE OF THE PHIL. v. REY M. DENIEGA, ET AL.

  • G.R. No. 109232 December 29, 1995 - PEOPLE OF THE PHIL. v. ANG CHUN KIT

  • G.R. No. 109244 December 29, 1995 - JUAN PULIDO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 109764 December 29, 1995 - PEOPLE OF THE PHIL. v. EDUARDO ASOY, ET AL.

  • G.R. No. 112982 December 29, 1995 - PEOPLE OF THE PHIL. v. GERUNDIO PRADO

  • G.R. No. 113212 December 29, 1995 - DEPARTMENT OF HEALTH, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 122338 December 29, 1995 - IN RE: WILFREDO SUMULONG TORRES v. DIRECTOR, BUREAU OF CORRECTIONS

  •  





     
     

    G.R. No. 109078   December  26, 1995 - WILSON P. YU v. COURT OF APPEALS, ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    THIRD DIVISION

    [G.R. No. 109078. December 26, 1995.]

    WILSON P. YU, Petitioner, v. COURT OF APPEALS, ROSARIO T. ALZUL, and THE REGISTER OF DEEDS FOR METRO MANILA, DISTRICT III, Respondents.


    D E C I S I O N


    PANGANIBAN, J.:


    On February 10, 1975, private respondent Rosario Alzul purchased on installment per Contract to Sell No. 867 from B.E. San Diego, Inc. four lots located in Aurora Subdivision, in Maysilo, Malabon, Rizal (now Metro Manila) with an aggregate area of 1,275 sq. m., more or less, at P100.00 per sq. m. with a downpayment of P12,750.00 and monthly installments of P1,249.50 with interest at 12% per annum until fully paid, or a total price of P237,660.00.

    Said private respondent assigned her rights in her Contract to Sell to petitioner under a "Conditional Deed of Assignment and Transfer of Rights" dated July 25, 1977. In consequence of this assignment, B.E. San Diego, Inc. cancelled the contract to sell of private respondent and issued a new one, also denominated as "Contract to Sell No. 867" in favor of petitioner covering the same lots.

    On August 25, 1980, private respondent Alzul filed suit against petitioner for rescission of said conditional deed dated July 25, 1977 on the ground that the latter failed/refused to pay the balance of the consideration stated in said deed. The trial court rendered judgment in favor of private respondent which was affirmed by the Court of Appeals, and which became final and executory, the petition for review having been dismissed by the Supreme Court on May 8, 1989. During the pendency of the case, on September 30, 1985, private respondent caused the annotation of a Notice of Lis Pendens upon the original copy of the certificate of title covering the four lots on file with the Register of Deeds.

    On February 17, 1989, B.E. San Diego, Inc. notified petitioner that Contract to Sell No. 867 was "declared rescinded and cancelled" and thereafter, on April 28, 1989, sold said lots by way of a Deed of Absolute Sale to private respondent-spouses Carlos and Sandra Ventura, who were allegedly surprised when they received their owner’s duplicate copies of the Transfer Certificates of Title bearing the lis pendens annotation.

    On May 8, 1990, private respondent-spouses filed an action before the Regional Trial Court of Malabon, "for Quieting of Title with Prayer for Cancellation of Annotation and Damages." The trial court ruled in favor of said spouses but, on appeal, the respondent Court of Appeals (10th Division, J. Nicolas Lapena, Jr., ponente, concurred in by JJ. Reynato S. Puno and Ma. Alicia Austria-Martinez) reversed the lower court, declaring as "null and void" the titles issued in the name of said spouses, and reinstating title "in the name of B.E. San Diego, Inc., with the corresponding notices of lis pendens therein annotated in favor of defendant-appellant until such time that ownership of the subject parcels of land is transferred to herein defendant-appellant Rosario Alzul."cralaw virtua1aw library

    Now, petitioner — after denial of his motion for reconsideration — brought this petition to nullify the Decision of the respondent appellate court and to affirm in toto the decision of the trial court. The parties, in their petition, comment, reply and rejoinder, raised several questions which were all discussed in the assailed Decision but all of which really boil down to the issue of the efficacy and binding force of the notice of lis pendens. Petitioner and private respondent-spouses claim that the notice of lis pendens was not annotated on the owner’s duplicate copy of the certificates of title but only on the original on file with the Register of Deeds. This being the case, they argued, it could not bind them as they had no actual notice thereof, being buyers in good faith. Also, it is claimed that B.E. San Diego, Inc., not being a party to the rescission suit, is not bound by the decision therein and hence was not barred from selling the four lots.

    The annotation of a notice of lis pendens at the back of the original copy of the certificate of title on file with the Register of Deeds is sufficient to constitute constructive notice to purchasers or other persons subsequently dealing with the same property (cf. Jamora v. Duran, Et Al., 69 Phil. 3 [1939]. It is not required that said annotation be also inscribed upon the owner’s copy because such copy is usually unavailable to the registrant; it is normally in the hands of the adverse party, or as in this case, in the hands of a stranger to the suit. As this Court held in Rivera v. Tirona 1 :chanrob1es virtual 1aw library

    . . . This notice of lis pendens is an involuntary transaction and its entry in the Day Book of the Register of Deeds is a sufficient notice to defendants Lapuz and Kerr who are subsequent purchasers. As held in the cases (sic) of Levin v. Bass, Et Al., 91 Phil. 419; 49 Off. Gaz. [4] 1444. "In involuntary registration, such as an attachment, levy on execution, lis pendens and the like, entry thereof in the Day Book is a sufficient notice to all persons of such adverse claim." It is not necessary that the notice of lis pendens be annotated at the back of the owner’s certificate of title. Such annotation is only necessary in voluntary transactions. (Phil. National Bank v. Javellana, 92 Phil., 525; 49 Off. Gaz . [1] 124; Francisco’s Provisional Remedies, 1956 Ed , p. 85.) The notice should, of course, be annotated on the back of the corresponding original certificate of title, but this is an official duty of the register of deeds which may be presumed to have been regularly performed."cralaw virtua1aw library

    Once annotated upon the original copy, the notice of lis pendens is "an announcement to the whole world that a particular real property is in litigation, serving as a warning that one who acquires an interest over said property does so at his own risk, or that he gambles on the result of the litigation over said property" (Tanchoco, Et. Al.vs. Hon. Aquino Et. Al., G.R. No. 30670, September 15, 1987, 154 SCRA l: see also J. P. Pellicer & Co. Inc. v. Philippine Realty Corp. 87 Phil. 302 [1950]). And one who deals with property subject of a notice of lis pendens cannot invoke the right of a purchaser in good faith; neither can he have acquired better rights than those of his predecessor in interest (Constantino v. Espiritu, 45 SCRA 557 [1972], cited in Tanchoco v. Hon. Aquino, supra.). A transferee pendente lite stands exactly in the shoes of the transferor and is bound by any judgment or decree which may be rendered for or against the transferor; his title is subject to the incidents and results of the pending litigation, and his transfer certificate of title will, in that respect, afford him no special protection (Tuazon v. Reyes and Siochi, 48 Phil. 844 [1926]; Demontaño v. Court of Appeals, 81 SCRA 287 [1978]; Rivera v. Moran, 48 Phil. 386 [1926]; Director of Lands v. Martin, 84 Phil. 140 [1949].)

    Third persons like the respondent-spouses should not be satisfied with merely examining the owner’s copy of the certificate of title. They should examine the original on file with the Register of Deeds for they are all constructively notified of pending litigations involving real property through notices of lis pendens annotated therein.

    B.E. San Diego, Inc. is bound by the results of the suit not only because of its constructive knowledge of the notice of lis pendens but also because it had actual knowledge of the transaction between petitioner and private respondent Alzul. Ineluctably, both respondent-spouses and B.E. San Diego, Inc. — even if the latter is not a party to this suit — are bound by such notice.

    The other matters raised by the parties are traversed in the Decision of the respondent Court and we find no sufficient ground to disturb its findings. In fact, this Court is surprised, not to say suspicious, at the forcefulness with which petitioner argues for the reversal of the respondent Court, when for all intents and purposes he has no more interest in the four lots in question as his rights therein have already been finally disposed of in the rescission case (Civil Case 8598, RTC, Malabon).

    At any rate and for the foregoing considerations, this Court finds no reversible error in the actions of the Court of Appeals and Resolves to DENY the petition of lack of merit, with costs against petitioner.

    SO ORDERED.

    Romero, Melo and Vitug, JJ., concur.

    Endnotes:



    1. 109 Phil. 505 (1960).

    G.R. No. 109078   December  26, 1995 - WILSON P. YU v. COURT OF APPEALS, ET AL.


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