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COMETA vs. FRANCO
SPECIAL FIRST DIVISION
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of this Court dated JUL 4 2005.
G.R. No. 141855 (Zacarias Cometa, et al vs. Jose Franco.)
Under consideration is petitioners' Motion for Special Order [1] cralaw to compel the Regional Trial Court of Makati City, Branch 60, to direct the Register of Deeds of Makati City to cancel Transfer Certificates of Title Nos. 113114 and 113115 issued in the name of Jose Franco and to issue new titles in petitioners' name, pursuant to the February 6, 2001 Decision [2] cralaw , the dispositive portion of which reads:
WHEREFORE, in view of all the foregoing, the challenged Decision of the Court of Appeals dated January 25, 1999, which affirmed the trial court's denial of petitioners' right of redemption, as well as the subsequent Resolution dated January 27, 2000, in CA-G.R. SP No. 48227 entitled "Zacarias Cometa, et al. v. Hon. Pedro Laggui, et al.," are REVERSED and SET ASIDE; and another one hereby rendered ordering respondent Jose Franco to accept the tender of redemption made by petitioners and to deliver the proper certificate of redemption to the latter.
SO ORDERED. [3] cralaw
Franco's motion for reconsideration [4] cralaw was denied [5] cralaw and the Decision became final and executory and recorded in the Book of Entries of Judgments on June 18, 2002. [6] cralaw
On November 13, 2002, the Regional Trial Court of Makati City, Branch 60, granted petitioners' motion for execution and ordered the Branch Clerk of Court to cause Franco to accept the redemption. [7] cralaw
The Office of the Register of Deeds of Makati City received [8] cralaw a copy of the Writ of Execution and Certificate of Redemption but manifested that it could not effect the redemption because Transfer Certificates of Title Nos. 113114 and 113115 were already consolidated in the name of Jose Franco, married to Maria Franco. [9] cralaw The Register of Deeds of Makati City requested for a clarificatory order.
On September 8, 2004, Cometa filed an Amended Motion for Alias Writ of Execution [10] cralaw but it was denied. [11] cralaw
Hence, this motion praying that the trial court be directed to order the Register of Deeds of Makati City to cancel Transfer Certificates of Title Nos. 113114 and 113115 and to issue new ones in the name of petitioners.
We grant the motion.
The February 6, 2001 Decision which became final and executory on June 18, 2002 specifically upheld petitioners' right to redeem the subject properties from Franco who was ordered to accept the tender of redemption made by petitioners and to deliver to them the certificate of redemption.
The heirs of Cometa have consigned, on December 4, 1997 with the
Office of the Clerk of Court of the Regional Trial Court of Makati City, the
sums of P38,761.05, P78,762.69 and P1,175.25, representing
the purchase price for the lots, interest, and realty tax, respectively.
[12]
cralaw
A Certificate of Redemption having been issued by the trial court and received by the Register of Deeds, the cancellation of the titles previously issued in favor of Franco should follow in due course in order to give meaning and effect to the February 6, 2001 Decision.
ACCORDINGLY, the Regional Trial Court of Makati City, Branch 60, is hereby ORDERED to direct the Register of Deeds of Makati City to CANCEL Transfer Certificates of Title Nos. 113114 and 113115 issued in the name of Jose Franco and to ISSUE new titles in petitioners' name, pursuant to the February 6, 2001 Decision.
Very truly yours,
(Sgd.) ENRIQUETA ESQUERRA-VIDAL
Clerk of Court
Endnotes:
[1] cralaw Rollo, pp. 298-303.
[2] cralaw Id. at 151-165.
[3] cralaw Id. at 164.
[4] cralaw Id. at 166-176.
[5] cralaw Per Resolution of March 20, 2002.
[6] cralaw Rollo, p. 240.
[7] cralaw Id. at 298.
[8] cralaw On April 4, 2003.
[9] cralaw Rollo, p. 283.
[10] cralaw Id. at 304-306.
[11] cralaw Per Order dated December 28, 2004; penned by Judge Marissa Macaraig-Guillen. Rollo, pp. 307-308.
[12] cralaw Page 5 of February 6, 2001 Decision, Rollo, p. 155.
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