Case Digest (G.R. No. 125560)
Facts:
- Eliza Francisco Baggenstos is the petitioner against the Court of Appeals, Regional Trial Court of Antipolo, Rizal, Register of Deeds of Rizal, Josefino de Guzman, and Pacifico Magno, Jr.
- On September 6, 1991, Josefino de Guzman filed a complaint against Baggenstos for an unpaid balance of P85,000 for house renovations in Antipolo, Rizal.
- The case was assigned to Branch 73 of the Regional Trial Court and docketed as Civil Case No. 91-2143.
- Baggenstos failed to file an answer, leading the court to declare her in default and allow De Guzman to present evidence ex parte.
- On December 27, 1991, the court ruled in favor of De Guzman, ordering Baggenstos to pay P85,610.72 plus attorney's fees and costs.
- A writ of execution was issued on April 3, 1992, resulting in the sheriff levying Baggenstos' property (TCT No. 171720).
- The property was sold at public auction on May 5, 1992, with Pacifico Magno, Jr. as the highest bidder.
- After the one-year redemption period, an Officer's Deed of Sale was executed in favor of Magno on November 18, 1993.
- Magno filed a petition for Baggenstos to surrender the duplicate certificate of title and for a writ of possession, which she opposed, claiming the default judgment was void due to improper service of summons.
- On March 30, 1995, the trial court ruled in favor of Magno, affirming the validity of the substituted service of summons.
- Baggenstos contested the writ of possession, claiming it was directed at her other property (TCT No. 96923).
- Baggenstos filed a petition for annulment of judgments, orders, and writs on May 3, 1996, which the Court of Appeals dismissed for insufficiency.
Issue:
- (Unlock)
Ruling:
- The Supreme Court dismissed the petition as moot.
- The Court found that Baggenstos did not dispute the finality of the trial court's judgment, and the execution of the judgment had...(Unlock)
Ratio:
- The Court reasoned that the issues raised by Baggenstos became moot due to the completion of execution proceedings concerning TCT No. 171720, whi...continue reading
Case Digest (G.R. No. 125560)
Facts:
The case involves Eliza Francisco Baggenstos as the petitioner and the Court of Appeals, Regional Trial Court of Antipolo, Rizal, Register of Deeds of Rizal, Josefino de Guzman, and Pacifico Magno, Jr. as respondents. The events leading to this case began on September 6, 1991, when Josefino de Guzman filed a complaint against Baggenstos to recover an unpaid balance of P85,000 for the renovation of a house located in Ponderosa Heights, Golden Hills, Antipolo, Rizal. The case was assigned to Branch 73 of the Regional Trial Court of Antipolo and was docketed as Civil Case No. 91-2143. Due to Baggenstos' failure to file an answer within the prescribed period, the trial court declared her in default and allowed De Guzman to present evidence ex parte. On December 27, 1991, the trial court ruled in favor of De Guzman, ordering Baggenstos to pay P85,610.72 plus attorney's fees and costs.
Following the finality of the judgment, a writ of execution was issued on April 3, 1992, leading to the sheriff levying a parcel of land registered under Baggenstos' name (Transfer Certificate of Title No. 171720) in Antipolo. The property was sold at public auction on May 5, 1992, with Pacifico Magno, Jr. as the highest bidder. After the one-year redemption period expired, an Officer's Deed of Sale was executed in favor of Magno on November 18, 1993. Magno subsequently filed a petition to compel Baggenstos to surrender the duplicate certificate of title and for a writ of possession, as she refused to comply. Baggenstos opposed the petition, claiming the default judgment was void du...