Case Digest (G.R. No. 100643)
Facts:
The case involves Adez Realty, Incorporated as the petitioner and the Honorable Court of Appeals, the Presiding Judge of Branch 79 of the Regional Trial Court in Morong, Rizal, the Provincial Sheriff of Rizal, the Register of Deeds of Quezon City, and Aguedo Eugenio as respondents. The petition was filed on December 28, 1990, before the Court of Appeals, which was docketed as CA-G.R. SP No. 23773. The petitioner sought to annul the order of the Regional Trial Court of Morong, Rizal, dated November 20, 1984, which allowed the reconstitution of Transfer Certificate of Title No. 12662. The petitioner also aimed to set aside the decision of the Court of Appeals in CA-G.R. CV No. 21392, dated July 31, 1990. On April 30, 1991, the Court of Appeals dismissed the petition for lack of merit, stating that the issues raised were a reiteration of those previously decided in CA-G.R. CV No. 21392, which had become final and executory due to the absence of a motion for reconsideration or ap...
Case Digest (G.R. No. 100643)
Facts:
- Petition for Annulment: Adez Realty Incorporated filed a petition before the Court of Appeals on December 28, 1990, seeking to annul the order of the Regional Trial Court (RTC) of Morong, Rizal, dated November 20, 1984, which allowed the reconstitution of Transfer Certificate of Title (TCT) No. 12662. The petition also sought to set aside the Court of Appeals' decision in CA-G.R. CV No. 21392 dated July 31, 1990.
- Dismissal by the Court of Appeals: On April 30, 1991, the Court of Appeals dismissed the petition for lack of merit. The court ruled that the issues raised were a reiteration of those in CA-G.R. CV No. 21392, which had already become final and executory due to the petitioner's failure to file a motion for reconsideration or appeal.
- Jurisdictional Issue: The petitioner questioned whether the RTC of Morong, Rizal, had jurisdiction over reconstitution proceedings involving real property located in Quezon City. Additionally, the petitioner raised concerns about the sufficiency of the publication of the notice of the petition in the Official Gazette and its posting on the bulletin board of the RTC of Morong, Rizal.
- Finality of Judgment: The Court of Appeals emphasized that the decision in CA-G.R. CV No. 21392 had attained finality, and the issues raised in the new petition were barred by res judicata.
Issue:
- Whether the RTC of Morong, Rizal, had jurisdiction over reconstitution proceedings involving real property situated in Quezon City.
- Whether the publication of the notice of the petition in the Official Gazette and its posting on the bulletin board of the RTC of Morong, Rizal, complied with Section 13 of Republic Act No. 26.
- Whether the issues raised in the petition were barred by res judicata due to the finality of the decision in CA-G.R. CV No. 21392.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)