ChanRobles™ Virtual Law Library | chanrobles.com™  
Main Index Law Library Philippine Laws, Statutes & Codes Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Jurisprudence
Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
Chan Robles Virtual Law Library
 









 

 
UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
November-2001 Jurisprudence                 

  • G.R. No. 137968 November 6, 2001 - PEOPLE OF THE PHIL. v. ALEJANDRE DELOS SANTOS

  • G.R. Nos. 123138-39 November 8, 2001 - PEOPLE OF THE PHILS. v. HONESTO LLANDELAR

  • A.M. MTJ-01-1375 November 13, 2001 - REPORT ON THE JUDICIAL AUDIT IN THE MTCs of CALASIAO. BINMALEY

  • A.M. No. RTJ-00-1601 November 13, 2001 - ELIEZER A. SIBAYAN-JOAQUIN v. ROBERTO S. JAVELLANA

  • G.R. No. 104629 November 13, 2001 - PEOPLE OF THE PHIL. v. JULIUS KINOK

  • G.R. No. 134498 November 13, 2001 - CELIA M. MERIZ v. PEOPLE OF THE PHIL

  • G.R. Nos. 135454-56 November 13, 2001 - PEOPLE OF THE PHIL v. RODERICK SANTOS

  • A.M. No. CA-01-10-P November 14, 2001 - ALDA C. FLORIA v. CURIE F. SUNGA, ET AL.

  • A.M. No. P-01-1518 November 14, 2001 - ANTONIO A. ARROYO v. SANCHO L. ALCANTARA

  • G.R. No. 122736 November 14, 2001 - PEOPLE OF THE PHIL. v. FROILAN PADILLA

  • G.R. No. 123819 November 14, 2001 - PEOPLE OF THE PHIL. v. STEPHEN MARK WHISENHUNT

  • G.R. No. 133877 November 14, 2001 - RIZAL COMMERCIAL BANKING CORPORATION v. ALFA RTW MANUFACTURING CORPORATION

  • G.R. No. 133910 November 14, 2001 - PEOPLE OF THE PHILIPPINES v. JOSE VIRREY y DEHITO

  • G.R. No. 135511-13 November 14, 2001 - THE PEOPLE OF THE PHILIPPINES v. ENTICO MARIANO y EXCONDE

  • G.R. No. 137613 November 14, 2001 - PEOPLE OF THE PHIL. v. ROSALITO CABOQUIN

  • G.R. No. 138914 November 14, 2001 - PEOPLE OF THE PHIL. v. EFREN MANTES, ET AL.

  • G.R. No. 142870 November 14, 2001 - PEOPLE OF THE PHIL. v. DINDO F. PAJOTAL, ET AL.

  • G.R. Nos. 143513 & 143590 November 14, 2001 - POLYTECHNIC UNIVERSITY OF THE PHILIPPINES v. COURT OF APPEALS and FIRESTONE CERAMICS

  • A.M. No. RTJ-00-1599 November 15, 2001 - TRANQUILINO F. MERIS v. JUDGE FLORENTINO M. ALUMBRES

  • G.R. No. 123213 November 15, 2001 - NEPOMUCENA BRUTAS v. COURT OF APPEALS, ET AL.

  • G.R. No. 126584 November 15, 2001 - VALLEY LAND RESOURCES, INC., ET AL. v. VALLEY GOLF CLUB INC.

  • G.R. No. 127897 November 15, 2001 - DELSAN TRANSPORT LINES v. COURT OF APPEALS, ET AL.

  • G.R. No. 129018 November 15, 2001 - CARMELITA LEAÑO v. COURT OF APPEALS, ET AL.

  • G.R. No. 136017 November 15, 2001 - PEOPLE OF THE PHIL. v. JERRY BANTILING

  • G.R. No. 136143 November 15, 2001 - PEOPLE OF THE PHILIPPINES v. AGAPITO CABOTE a.k.a. "PITO"

  • G.R. No. 137255 November 15, 2001 - PEOPLE OF THE PHIL. v. NOEL MAMALAYAN, ET AL.

  • G.R. No. 137369 November 15, 2001 - PEOPLE OF THE PHILIPPINES v. ALIAS KOBEN VISTA

  • G.R. No. 141811 November 15, 2001 - FIRST METRO INVESTMENT CORPORATION v. ESTE DEL SOL MOUNTAIN RESERVE

  • G.R. No. 145275 November 15, 2001 - COMMISSIONER OF INTERNAL REVENUE v. LA CAMPANA FABRICA DE TABACOS

  • G.R. No. 148326 November 15, 2001 - PABLO C. VILLABER Petitioner v. COMMISSION ON ELECTIONS and REP. DOUGLAS R. CAGAS

  • A.M. No. MTJ-01-1382 November 16, 2001 - MARIO W. CHILAGAN v. EMELINA L. CATTILING

  • A.M. No. P-00-1411 November 16, 2001 - FELICIDAD JACOB v. JUDITH T. TAMBO

  • G.R. No. 120274 November 16, 2001 - SPOUSES FRANCISCO A. PADILLA and GERALDINE S. PADILLA v. COURT OF APPEALS and SPOUSES CLAUDIO AÑONUEVO and CARMELITA AÑONUEVO

  • G.R. No. 127003 November 16, 2001 - THE PEOPLE OF THE PHIL v. FAUSTINO GABON

  • G.R. Nos. 132875-76 November 16, 2001 - PEOPLE OF THE PHIL. v. ROMEO G. JALOSJOS

  • G.R. No. 132916 November 16, 2001 - RUFINA TANCINCO v. GSIS, ET AL.

  • G.R. No. 133437 November 16, 2001 - PEOPLE OF THE PHILIPPINES v. RONALD SAMSON

  • G.R. No. 134486 November 16, 2001 - PEOPLE OF THE PHIL. v. CLEMENTE DAYNA

  • G.R. No. 135038 November 16, 2001 - ROLANDO Y. TAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 142654 November 16, 2001 - PEOPLE OF THE PHIL v. ROLANDO MENDOZA

  • G.R. No. 143802 November 16, 2001 - REYNOLAN T. SALES v. SANDIGANBAYAN, ET AL.

  • G.R. No. 129175 November 19, 2001 - RUBEN N. BARRAMEDA, ET AL. v. ROMEO ATIENZA, ET AL.

  • G.R. No. 130945 November 19, 2001 - PEOPLE OF THE PHIL. v. ALBERTO CONDINO

  • G.R. No. 132724 November 19, 2001 - PEOPLE OF THE PHILIPPINES v. RENIEL SANAHON

  • G.R. Nos. 138358-59 November 19, 2001 - PEOPLE OF THE PHIL. v. CLAUDIO B. DELA PEÑA

  • G.R. No. 138661 November 19, 2001 - PEOPLE OF THE PHIL. v. JERSON E. ACOJEDO

  • G.R. No. 140920 November 19, 2001 - JUAN LORENZO B. BORDALLO, ET AL. v. THE PROFESSIONAL REGULATIONS COMMISSION AND THE BOARD OF MARINE DECK OFFICERS

  • G.R. No. 148560 November 19, 2001 - JOSEPH EJERCITO ESTRADA v. SANDIGANBAYAN (Third Division) and PEOPLE OF THE PHILIPPINES

  • G.R. No. 91486 November 20, 2001 - ALBERTO G. PINLAC v. COURT OF APPEALS, ET AL.

  • G.R. No. 122276 November 20, 2001 - RODRIGO ALMUETE ET AL., v. MARCELO ANDRES, ET AL.

  • G.R. No. 126204 November 20, 2001 - NAPOCOR v. PHILIPP BROTHERS OCEANIC

  • G.R. Nos. 126538-39 November 20, 2001 - PEOPLE OF THE PHILIPPINES v. RODELIO MARCELO

  • G.R. No. 129234 November 20, 2001 - THERMPHIL v. COURT OF APPEALS ET AL.

  • G.R. No. 140032 November 20, 2001 - PEOPLE OF THE PHILIPPINES v. ANGEL C. BALDOZ and MARY GRACE NEBRE

  • G.R. No. 140692 November 20, 2001 - ROGELIO C. DAYAN v. BANK OF THE PHILIPPINE ISLANDS, ET AL.

  • G.R. No. 144401 November 20, 2001 - PEOPLE OF THE PHIL. v. JOEL GALISIM

  • A.M. No. MTJ-99-1207 November 21, 2001 - NBI v. FRANCISCO D. VILLANUEVA

  • A.M. No. P- 01-1520 November 21, 2001 - MARILOU A. CABANATAN v. CRISOSTOMO T. MOLINA

  • A.M. Nos. RTJ-00-1561 & RTJ-01-1659 November 21, 2001 - CARINA AGARAO v. Judge JOSE J. PARENTELA

  • G.R. No. 125356 November 21, 2001 - SUPREME TRANSLINER INC. v. HON. COURT OF APPEALS, ET AL.

  • G.R. No. 132839 November 21, 2001 - ERIC C. ONG v. HON. COURT OF APPEALS and THE PEOPLE OF THE PHILIPPINES

  • G.R. No. 133879 November 21, 2001 - EQUATORIAL REALTY DEVELOPMENT v. MAYFAIR THEATER

  • G.R. No. 136748 November 21, 2001 - PEOPLE OF THE PHIL. v. JUANITO ET AL.

  • G.R. No. 137457 November 21, 2001 - PEOPLE OF THE PHIL. v. ROSAURO SIA

  • G.R. No. 141881 November 21, 2001 - THE PEOPLE OF THE PHILIPPINES v. VIRGILIO BERNABE y RAFOL

  • A.M. No RTJ-01-1664 November 22, 2001 - ALFREDO CAÑADA v. VICTORINO MONTECILLO

  • G.R. No. 109648 November 22, 2001 - PH CREDIT CORPORATION v. COURT OF APPEALS and CARLOS M. FARRALES

  • G.R. Nos. 111502-04 November 22, 2001 - REYNALDO H. JAYLO, ET AL. v. SANDIGANBAYAN

  • G.R. No. 113218 November 22, 2001 - ALEJANDRO TECSON v. HON. COURT OF APPEALS ET AL.

  • G.R. No. 113541 November 22, 2001 - HONGKONG AND SHANGHAI BANKING CORP. EMPLOYEES UNION v. NLRC, ET AL.

  • G.R. No. 118462 November 22, 2001 - LEOPOLDO GARRIDO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 123893 November 22, 2001 - LUISITO PADILLA , ET AL. v. THE HONORABLE COURT OF APPEALS, ET AL.

  • G.R. No. 129660 November 22, 2001 - BIENVENIDO P. JABAN and LYDIA B. JABAN v. HON. COURT OF APPEALS, ET AL.

  • G.R. No. 130628 November 22, 2001 - PEOPLE OF THE PHIL. v. PAULINO LEONAR

  • G.R. No. 132743 November 22, 2001 - PEOPLE OF THE PHIL. v. MARCIAL CAÑARES Y ORBES

  • G.R. No. 133861 November 22, 2001 - PEOPLE OF THE PHIL. v. ROBERTO SO

  • G.R. Nos. 135853-54 November 22, 2001 - PEOPLE OF THE PHIL. v. OPENIANO LACISTE

  • G.R. No. 135863 November 22, 2001 - PEOPLE OF THE PHIL. v. VlRGILIO LORICA

  • G.R. Nos. 136317-18 November 22, 2001 - PEOPLE OF THE PHIL. v. EDUARDO YAOTO

  • G.R. No. 136586 November 22, 2001 - JON AND MARISSA DE YSASI v. ARTURO AND ESTELA ARCEO

  • G.R. No. 139563 November 22, 2001 - THE PEOPLE OF THE PHIL.. v. AMADOR BISMONTE y BERINGUELA

  • G.R. Nos. 139959-60 November 22, 2001 - PEOPLE OF THE PHIL. v. DEOGRACIAS BURGOS

  • G.R. No. 141602 November 22, 2001 - PACSPORTS PHILS. v. NICCOLO SPORTS, INC.

  • G.R. No. 142316 November 22, 2001 - FRANCISCO A.G. DE LIANO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 143939 November 22, 2001 - HEIRS OF ROSARIO POSADAS REALTY v. ROSENDO.BANTUG

  • G.R. No. 145475 November 22, 2001 - PEOPLE OF THE PHILIPPINES v. EUSEBIO PUNSALAN

  • G.R. No. 145851 November 22, 2001 - ABELARDO B. LICAROS v. THE SANDIGANBAYAN, ET AL.

  • G.R. No. 146683 November 22, 2001 - CIRILA ARCABA v. ERLINDA TABANCURA VDA. DE BATOCAEL, ET AL.

  • A.M. No. RTJ-00-1562 November 23, 2001 - CAVITE CRUSADE FOR GOOD GOVERNMENT v. JUDGE NOVATO CAJIGAL

  • G.R. No. 126334 November 23, 2001 - EMILIO EMNACE v. COURT OF APPEALS, ET AL.

  • G.R. No. 128886 November 23, 2001 - PEOPLE OF THE PHIL. v. JESUS JULIANDA, JR., ET AL.

  • G.R. No. 142044 November 23, 2001 - PEOPLE OF THE PHIL. v. TOBECHUKWU NICHOLAS

  • G.R. No. 144309 November 23, 2001 - SOLID TRIANGLE SALES CORPORATION and ROBERT SITCHON v. THE SHERIFF OF RTC QC, ET AL.

  • A.M. No. RTJ-01-1662 November 26, 2001 - VICTOR TUZON v. LORETO CLORIBEL-PURUGGANAN

  • G.R. No. 138303 November 26, 2001 - PEOPLE OF THE PHIL. v. ELROSWELL MANZANO

  • G.R. Nos. 100940-41 November 27, 2001 - PEOPLE OF THE PHILIPPINES v. AGUSTIN LADAO y LORETO, ET AL.

  • G.R. No. 128285 November 27, 2001 - PEOPLE OF THE PHILS. v. ANTONIO PLANA, ET AL.

  • G.R. Nos. 130409-10 November 27, 2001 - PEOPLE OF THE PHIL. v. JOSUE B. DUMLAO

  • G.R. No. 130907 November 27, 2001 - REPUBLIC OF THE PHIL. v. HON. CESAR A MANGROBANG, ET AL.

  • G.R. No. 130963 November 27, 2001 - PEOPLE OF THE PHIL. v. MARIANO PASCUA

  • G.R. No. 133381 November 27, 2001 - PEOPLE OF THE PHIL. v. ROMULO VILLAVER, ET. AL.

  • G.R. No. 140858 November 27, 2001 - SPOUSES PAPA and LOLITA MANALILI v. SPOUSES ARSENIO and GLICERIA DE LEON

  • G.R. No. 142523 November 27, 2001 - MARIANO L. GUMABON, ET AL. v. AQUILINO T. LARIN

  • G.R. No. 144464 November 27, 2001 - GILDA G. CRUZ and ZENAIDA C. PAITIM v. THE CIVIL SERVICE COMMISSION

  • A.M. No. 00-8-05-SC November 28, 2001 - RE: PROBLEM OF DELAYS IN CASES BEFORE THE SANDIGANBAYAN

  • G.R. No. 128516 November 28, 2001 - DULOS REALTY and DEVELOPMENT CORP. v. COURT OF APPEALS, ET. AL.

  • A.M. No. P-01-1485 November 29, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. MARIE YVETTE GO, ET AL

  • A.M. No. P-01-1522 November 29, 2001 - JUDGE ANTONIO J. FINEZA v. ROMEO P. ARUELO

  • A.M. No. RTJ-01-1665 November 29, 2001 - ROSAURO M. MIRANDA v. JUDGE CESAR A MANGROBANG

  • G.R. No. 119707 November 29, 2001 - VERONICA PADILLO v. COURT OF APPEALS

  • G.R. No. 121703 November 29, 2001 - NATIVIDAD T. TANGALIN v. COURT OF APPEALS, ET AL.

  • G.R. No. 126524 November 29, 2001 - BPI INVESTMENT CORP. v. D.G. CARREON COMMERCIAL CORP., ET AL.

  • G.R. No. 129282 November 29, 2001 - DMPI EMPLOYEES CREDIT COOPERATIVE v. ALEJANDRO M. VELEZ, ET AL.

  • G.R. Nos. 129609 & 135537 November 29, 2001 - RODIL ENTERPRISES v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 130326 & 137868 November 29, 2001 - COMPANIA GENERAL DE TABACOS DE FILIPINAS AND MANILA TOBACCO TRADING v. THE COURT OF APPEALS

  • G.R. Nos. 132066-67 November 29, 2001 - PEOPLE OF THE PHIL. v. BALAS MEDIOS

  • G.R. No. 132133 November 29, 2001 - PEOPLE OF THE PHILIPPINES v. WILLIAM ALPE y CUATRO

  • G.R. No. 136848 November 29, 2001 - PEOPLE OF THE PHIL. v. RENATO T. RAMIREZ

  • G.R. No. 137815 November 29, 2001 - JUANITA T. SERING v. COURT OF APPEALS, ET AL.

  • G.R. No. 138489 November 29, 2001 - ELEANOR DELA CRUZ, ET AL. v. COMMISSION ON AUDIT

  • G.R. No. 139470 November 29, 2001 - PEOPLE OF THE PHIL. v. SPO2 ANTONIO B. BENOZA

  • G.R. No. 140386 November 29, 2001 - PEOPLE OF THE PHIL. v. BENNY ACOSTA

  • G.R. No. 141386 November 29, 2001 - COMMISSION ON AUDIT OF THE PROVINCE OF CEBU v. PROVINCE OF CEBU

  • G.R. Nos. 141702-03 November 29, 2001 - CATHAY PACIFIC AIRWAYS v. NLRC and MARTHA Z. SINGSON

  • G.R. No. 142606 November 29, 2001 - PEOPLE OF THE PHILIPPINES v. NESTOR MUNTA

  • G.R. No. 143127 November 29, 2001 - PEOPLE OF THE PHIL. v. RAUL RUBARES Y CAROLINO

  • G.R. No. 143703 November 29, 2001 - PEOPLE OF THE PHIL v. JOSE V. MUSA

  •  





     
     

    G.R. No. 121703   November 29, 2001 - NATIVIDAD T. TANGALIN v. COURT OF APPEALS, ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 121703. November 29, 2001.]

    NATIVIDAD T. TANGALIN, Petitioner, v. COURT OF APPEALS, DR. RAMON L. COCSON, JOSEFINA G. COCSON, EDITHA G. TIGLAO, FE F. GOMEZ, and ATTY. PEDRO F. MARTINEZ, Respondents.

    D E C I S I O N


    PARDO, J.:


    The Case


    In this petition for certiorari, 1 petitioner seeks to annul the Decision 2 of the Court of Appeals as well as its resolution 3 denying reconsideration.

    The Facts


    The facts, as found by the Court of Appeals, are as follows:jgc:chanrobles.com.ph

    "On March 5, 1970, the spouses Dr. Ramon L. Cocson and Josefina G. Cocson (spouses Cocson, for brevity) obtained a P3,200.00 loan from Atty. Pedro Martinez, to finance their children’s college studies. To secure payment of said loan, the spouses Cocson executed in favor of Atty. Martinez a Contract of Mortgage and Promissory Note, dated March 5, 1970, over their two parcels of land, as follows:chanrob1es virtua1 1aw 1ibrary

    "1. a parcel of unirrigated rice land declared in the name Ramon Cocson with an area of 6,336 sq. meters assessed at P316.00, bounded on the North by Pedro Florendo; on the West by Barrio Road; on the East by a ditch; on the South by Pedro Florendo, covered by Tax Declaration No. 29245.

    "2. a residential lot declared in the name of Josefina G. Cocson with an area of 391.75 sq. meters more or less assessed at P540.00 bounded on the North (sic) Leona A. Cachanrobles.com.ph:redc, Et. Al.; on the West by Calle Aglipay; on the East by Fely Gomez; on the South by Edita Tiglao; covered by Tax Declaration No. 28471.

    "The spouses defaulted in the payment of their mortgage obligation. Atty. Martinez caused the extra-judicial foreclosure of the mortgaged properties and was the only bidder for P8,359.75 at the public auction conducted on December 10, 1971. The Provincial Sheriff Ex-Officio of La Union, Alfredo A. Talavera, issued the corresponding Certificate of Sale which was duly registered under Entry No. 74716 and Inscription No. 74519 on January 28, 1972.

    "No redemption was made within the reglementary period. On December 10, 1975, Sheriff Talavera issued the Certificate of Absolute Definitive Sale over the aforesaid properties in favor of Atty. Martinez.

    "On January 22, 1972, the spouses Cocson executed a Deed of Absolute Sale covering (sic) parcels of land, different from the subject of the foreclosure proceedings, and which Atty. Martinez registered with the Register of Deeds of La Union. On the basis thereof, Tax Declarations Nos. 39220 and 39221 were issued in his name.

    "On September 9, 1975, Atty. Martinez sold to Natividad T. Tangalin the property covered by Tax Declaration No. 39220, evidenced by a Deed of Absolute Sale of Real Estate.

    "On September 29, 1975, the spouses Cocson filed the complaint for annulment of sales plus damages with writ of preliminary injunction against Atty. Pedro Martinez and the spouses Mario Go and Natividad T. Tangalin.

    "On October 13, 1975, the spouses Mario Go and Natividad T. Tangalin filed their Answer with Cross Claim against Atty. Pedro Martinez, claiming that they bought the property from Pedro Martinez in good faith and were not aware of any defect in the ownership of Atty. Martinez over said property.

    "Atty. Martinez filed his Answer, first on October 28, 1975, and another on December 8, 1975.

    "On June 1, 1976, the spouses Cocson filed an Amended Complaint attached to an Urgent Motion to Admit the same which included, as additional defendants, Alfredo A. Talavera and Emilio Lacsamana, the Provincial Sheriff Ex-Oficio and Deputy Provincial Sheriff of La Union, respectively. The amended complaint was admitted per Order, dated March 23, 1976.

    "On July 22, 1988, the court a quo rendered the assailed decision, the dispositive portion of which reads:jgc:chanrobles.com.ph

    "WHEREFORE, judgment is hereby rendered as follows:jgc:chanrobles.com.ph

    "1. (a) The Contract of Mortgage and Promissory Note is declared valid; and

    "(b) Ordering the Cocsons to pay the remaining unpaid balance of P1,900.00 plus penalty in accordance with the stipulation in the Mortgage Contract and Promissory Note and to pay the legal rate of interest in accordance with this decision.

    "2. Declaring the Extra-judicial Foreclosure of Mortgaged real property, irregular, and, therefore, the Certificate of Sale of Mortgage Real Estate Properties dated December 11, 1971 signed by Cariaso and the Certificate of Absolute Definitive Deed of Sale dated November 10, 1975 signed by Sheriff Alfredo Talavera are declared null and void.

    x       x       x


    "3. (a) Declaring the Deed of Sale dated January 22, 1972 null and void. However, considering that one of the properties subject of said sale was acquired under a Deed of Sale dated September 9, 1975 by Natividad T. Tangalin who is a ‘bona fide’ purchaser and for value, the latter sale should be respected; and

    "(b) Ordering the Cocsons to deliver the possession of the land previously declared under Tax Declaration No. 284-72 in the name of Editha Tiglao to Natividad T. Tangalin. And if the land is in the possession of Editha the latter shall deliver the possession thereof to Natividad T. Tangalin.chanrob1es virtua1 1aw 1ibrary

    "4. Ordering the plaintiffs Cocsons to refund to Pedro F. Martinez and Natividad T. Tangalin attorney’s fees and expenses of litigation in the amount of P5,000 each.

    "5. Ordering plaintiffs Cocsons to refund to Pedro Martinez the sum of P3,277.87 which is one-half (1/2) of the purchase price corresponding to the land belonging to Fe Gomez, the land being in their possession, and to pay interest as stated earlier in this decision.

    "6. With pronouncement as to costs against the plaintiffs Cocsons.

    "SO ORDERED." 4

    In time, both the spouses Cocson and Atty. Martinez filed separate notices of appeal. 5 However, for failure of the spouses Cocson to pay the docket fee within the reglementary period, the Court of Appeals dismissed their appeal. 6

    On November 18, 1992, the Clerk of Court, Court of Appeals, made a partial entry of judgment 7 and certified that the resolution dismissing the appeal of the spouses Cocson for non-payment of docket fee had become final and executory on October 10, 1991.

    On November 12, 1993, spouses Cocson filed with the Court of Appeals a "Very Urgent Ex-Parte Motion to Set Aside Entry of Judgment, etc." 8 On December 2, 1993, the Court of Appeals denied the motion. On June 6, 1994, the spouses Cocson filed another motion for reconsideration, 9 however, on July 29, 1994, the Court of Appeals again denied the motion. 10

    On July 31, 1995, the Court of Appeals promulgated a decision, the dispositive portion of which reads:jgc:chanrobles.com.ph

    "WHEREFORE, the appealed decision is AFFIRMED, with MODIFICATION as follows:jgc:chanrobles.com.ph

    "1. Declaring as valid the Contract of Mortgage and Promissory Note;

    "2. Ordering the spouses Cocson to pay Atty. Pedro Martinez the remaining unpaid balance of P1,900.00, plus penalty as stipulated in the Mortgage Contract and Promissory Note and to pay the legal interest from date of this decision until fully paid;

    "3. Declaring the Extra-judicial Foreclosure of Mortgaged real property irregular and, therefore, the Certificate of Sale of Mortgage Real Estate Properties dated December 11, 1971, signed by Cariaso and the Certificate of Absolute and Definitive Deed of Sale, dated November 10, 1975, signed by Sheriff Alfredo Talavera are hereby declared null and void;

    "4. The rest of the appealed decision is reversed and set aside, declaring the Deed of Sale dated January 22, 1972, null and void. Consequently, the Deed of Sale, dated September 9, 1975, executed by Atty. Pedro Martinez in favor of Natividad T. Tangalin, is likewise declared null and void. Atty. Martinez is ordered to return to Natividad T. Tangalin the consideration he received therefrom with legal interest from date of the appealed decision until fully paid. The spouses Cocson are likewise directed to return to Atty. Martinez the consideration they received under the Deed of Absolute Sale, dated January 22, 1972, with legal interest from date of the appealed decision until fully paid.

    "SO ORDERED." 11

    On August 19, 1995, spouses Cocson filed a motion for reconsideration. 12 However, on September 7, 1995, the Court of Appeals denied the motion. 13

    Hence, this petition. 14

    The Issue


    The issue is whether the Court of Appeals erred in reversing or modifying the portion of the trial court’s decision that has become final and executory as to petitioner.

    The Court’s Ruling


    We find the petition without merit.

    Normally, a party cannot impugn the correctness of a judgment not appealed from by him, and while he may make counter-assignment of errors, he can do so only to sustain the judgment on other grounds but not to seek modification or reversal thereof for in such a case he must appeal. A party who does not appeal from the decision may not obtain any affirmative relief from the appellate court other than what he has obtained from the lower court, if any, whose decision is brought up on appeal. 15 However, the appellate court may consider errors, although unassigned, if they involve (1) errors affecting the lower court’s jurisdiction over the subject matter, (2) plain errors not specified, and (3) clerical errors. 16

    In the case at bar, it was plain error for the trial court to rule that the sale dated January 22, 1972 was void and at the same time state that the sale of September 9, 1975, that involved the same parcel of land be respected.

    It is indisputable that the spouses Cocson did not own the property covered by Tax Declarations Nos. 28472 and 29310 Cocson on January 22, 1972. Both the trial court and the Court of Appeals are in agreement with this finding of fact.

    The trial court found that:jgc:chanrobles.com.ph

    "Since Editha G. Tiglao and Fe Gomez, not Josefina Cocson, are the owners of the properties covered by Tax Declarations No. 28472 and 29310 subject of the deed of sale (Exh. 8 — Cocson and Exh. 2 — Martinez) then the latter (Josefina) conveys no rights, interests and title over the said properties to Martinez under the deed of sale." 17

    Likewise, the Court of Appeals found that:chanrob1es virtua1 1aw 1ibrary

    "There is no clear and convincing proof on record to show that the property sold by spouses Cocson to Atty. Martinez was in actuality their property and no longer the property of Editha and Fe. The fact is, even at the time of the execution of the Deed of Sale, the said property was still covered by Tax Declarations Nos. 28472 and 29310 in the names of Editha and Fe, respectively." 18

    Consequently, the sale dated January 22, 1972 of the property by the spouses Cocson to Atty. Martinez was null and void. And the sale on September 9, 1975 executed by Atty. Martinez in favor of petitioner cannot be valid as the ownership of the property was not validly transferred to Atty. Martinez in the previous sale.

    By a contract of sale, one of the contracting parties, the vendor, obligates himself to transfer the ownership and to deliver a determinate thing, and the other, the vendee, to pay therefor a price certain in money or its equivalent. 19 Atty. Martinez could not convey ownership of the property to petitioner Natividad T. Tangalin as he did not own the same.

    It is a well-settled principle that no one can give what one does not have — nemo dat quod non habet. Accordingly, one can sell only what one owns or is authorized to sell, and the buyer can acquire no more than what the seller can transfer legally. 20

    It may be recalled that in Atty. Martinez’ appeal brief filed with the Court of Appeals, he claimed that:jgc:chanrobles.com.ph

    "The Honorable Court below erred in the underlined portion of the decision also hereunder quoted:jgc:chanrobles.com.ph

    "x       x       x

    "(2) ‘3. (a) Declaring the Deed of Sale dated January 22, 1972 null and void. However, considering that one of the properties subject of the said sale was acquired under a Deed of Sale dated September 9, 1975 by Natividad Tangalin who is a ‘bona fide’ purchaser and for value, the latter sale should be respected; . . .(p. 33, Decision dated July 22, 1988)." 21

    Surely, the Court of Appeals may consider the issue of the validity of the subsequent sale of the same property on September 9, 1975, as it is the lis mota to the issue of the validity of the January 22, 1972 sale.

    It is well-settled that appellate courts have ample authority to rule on matters not assigned as errors in an appeal, if these are indispensable or necessary to the just resolution of the pleaded issues. 22

    The Fallo

    WHEREFORE, the Court DENIES the petition. The Court AFFIRMS the decision of the Court of Appeals, 23 and the resolution denying reconsideration.

    No costs.

    SO ORDERED.chanrob1es virtua1 1aw 1ibrary

    Davide, Jr., C.J., Puno, Kapunan and Ynares-Santiago, JJ., concur.

    Endnotes:



    1. Under Rule 65, Revised Rules of Court.

    2. In CA-G.R. CV No. 30792 promulgated on July 31, 1995, Petition, Annex "A", Rollo, pp. 31-41, Antonio P. Solano, J., ponente, Alfredo L. Benipayo and Ricardo P. Galvez, JJ., concurring.

    3. Dated September 7, 1995.

    4. Petition, Annex "A", Rollo, pp. 31-41, at pp. 31-35.

    5. Docketed as CA-G.R. CV No. 30792.

    6. In a resolution (CA Rollo, p. 67) dated September 11, 1991 pursuant to Section 1(d), now Section 1(c), Rule 50, 1997 Rules of Civil Procedure, as amended.

    7. Petition, Annex "D", Rollo, p. 78.

    8. CA Rollo, pp. 85-87.

    9. CA Rollo, pp. 97-99.

    10. Petition, Annex "E", Rollo, pp. 79-80.

    11. Petition, Annex "A", Rollo, pp. 31-41, at pp. 40-41.

    12. Manifestation and Motion for Reconsideration, CA Rollo, pp. 120-130.

    13. Petition, Annex "B", Rollo, p. 43.

    14. Petition, Rollo, pp. 10-29. On December 13, 1999, we gave due course to the petition (Rollo, pp. 158-159).

    15. Santos v. Court of Appeals, 221 SCRA 42, 46 (1993), citing De Lima v. Laguna Tayabas Co., 160 SCRA 70 (1988).

    16. Santos v. Court of Appeals, 221 SCRA 42, 46 (1993), citing Section 7, now Section 8, Rule 51 of the Revised Rules of Court.

    17. Petition, Annex "C", Rollo, pp. 44-77, at p. 71.

    18. Petition, Annex "A", Rollo, pp. 31-41, at p. 39.

    19. Article 1458, Civil Code of the Philippines.

    20. Gonzales v. Heirs of Thomas and Paula Cruz, 314 SCRA 585, 597 (1999), citing Segura v. Segura, 165 SCRA 368 (1988).

    21. Brief for Defendant-Appellant Pedro F. Martinez, CA Rollo, pp. 76-96, at p. 92.

    22. Logronio v. Talesco, 370 Phil. 907, 917 (1999), citing Saura Import and Export Co., Inc. v. Philippines International Surety Co., Inc., 118 Phil. 150 (1963); Miguel v. Court of Appeals, 140 Phil. 304 (1969); Sociedad Europea de Financion, S. A. v. Court of Appeals, 193 SCRA 105 (1991); Larobis v. Court of Appeals, 220 SCRA 639 (1993).

    23. In CA-G.R. CV No. 30792.

    G.R. No. 121703   November 29, 2001 - NATIVIDAD T. TANGALIN v. COURT OF APPEALS, ET AL.


    Back to Home | Back to Main

     

    QUICK SEARCH

    cralaw

       

    cralaw



     
      Copyright © ChanRobles Publishing Company Disclaimer | E-mail Restrictions
    ChanRobles™ Virtual Law Library | chanrobles.com™
     
    RED