Title
Anama vs. Court of Appeals, Philippine Savings Bank, Spouses Baria and Co
Case
G.R. No. 187021
Decision Date
Jan 25, 2012
Douglas Anama challenged the issuance of a writ of execution on a finalized property dispute case; the court held execution was a right and upheld the respondents' actions as valid.

Case Digest (G.R. No. 133495)
Expanded Legal Reasoning Model

Facts:

  • Parties and Background
    • Douglas F. Anama (Petitioner) entered into a Contract to Buy on an installment basis with Philippine Savings Bank (PSB) in 1973 for a real property covered by Transfer Certificate of Title (TCT) No. 301276, owned by PSB.
    • Anama defaulted on payments; PSB rescinded the contract and retained title.
    • PSB sold the property to Spouses Saturnina Baria and Tomas Co (Co Spouses), who fully paid and registered the property under TCT No. 14239.
    • Anama filed a complaint for nullity of the deed of sale, cancellation of TCT, and specific performance with damages against PSB, the Co Spouses, and the Register of Deeds.
  • Procedural History
    • August 21, 1991: Regional Trial Court (RTC), Branch 167, Pasig City dismissed Anama's complaint and upheld the sale's validity.
    • Anama appealed to the Court of Appeals (CA) and this Court but was unsuccessful.
    • January 29, 2004: Supreme Court rendered judgment denying Anama's petition sustaining the sale's validity; became final and executory on July 12, 2004.
    • The Co Spouses moved for execution of the judgment; RTC granted on November 25, 2005.
    • Anama moved for reconsideration, arguing the Co Spouses’ motion for execution was fatally defective due to lack of affidavit of service and defective notice of hearing.
    • RTC denied reconsideration motions; Anama appealed to the CA.
  • Issues Raised by Petitioner
    • The RTC and CA erred in taking judicial cognizance of a defective motion for execution that lacked mandatory notice of hearing addressed to parties.
    • Motion lacked the required affidavit of service.
    • Alleged fraud by Spouses Co and PSB involving manipulation of the Transcript of Stenographic Notes (TSN) and misrepresentation.
  • Respondents’ Positions
    • Co Spouses argued petition raised mixed questions of fact and law.
    • Claimed substantial compliance with notice and hearing requirements; motion served on Anama’s counsel.
    • PSB emphasized that judgment was final and executory with right to execution.
    • PSB cited technicality arguments by petitioner to delay justice and that notice to counsel sufficed.

Issues:

  • Whether the motion for execution filed by Spouses Co was defective for lack of proper notice of hearing addressed to the parties.
  • Whether the motion for execution was invalid due to absence of the mandatory affidavit of service.
  • Whether the alleged fraud perpetuated through "dagdag-bawas" (intercalation) in the TSN and falsification of documents warrants the suspension or invalidation of the writ of execution.
  • Whether requiring strict compliance with notice and service rules applies when a judgment is final and executory.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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