Title
Borbajo vs. Hidden View Homeowners, Inc.
Case
G.R. No. 152440
Decision Date
Dec 6, 2006
Petitioner's injunction over road lots nullified after titles declared void in final RTC decision, rendering injunction functus officio.
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Case Digest (G.R. No. 152440)

Facts:

  1. Background of the Case:
    The case originated from a complaint for injunction filed by petitioner Felicitacion B. Borbajo against respondents, including Hidden View Homeowners, Inc. and other individuals. The petitioner sought to prevent the respondents from obstructing her use of three road lots inside Hidden View Subdivision I, which were registered in her name.

  2. Initial Ruling:
    The Regional Trial Court (RTC) of Cebu City, Branch 58, issued a writ of preliminary injunction in favor of the petitioner. This was later affirmed by the Supreme Court in its Decision dated 31 January 2005, which made the injunction permanent, subject to the final outcome of Civil Case No. 21239 pending before the RTC of Cebu City, Branch 9.

  3. Development in Civil Case No. 21239:
    Civil Case No. 21239, which involved the annulment of the titles over the road lots, was resolved against the petitioner. The RTC of Cebu City, Branch 9, issued a Decision dated 22 April 2003, declaring the deed of sale executed by Jose Bontuyan in favor of the petitioner null and void. Consequently, the Transfer Certificates of Title (TCTs) in the petitioner's name were also declared null and void, and new titles were issued in the name of Hidden View Subdivision Homeowners Association, Inc.

  4. Petitioner's Death and Substitution:
    The petitioner, Felicitacion B. Borbajo, passed away on 20 December 2002. Her legal heirs sought to be substituted in the case.

  5. Finality of the RTC Decision:
    The RTC Decision in Civil Case No. 21239 became final and executory, as evidenced by an Entry of Judgment dated 26 June 2003. The petitioner's claim that the decision did not attain finality due to the intervenors not being furnished a copy of the decision was rejected.

  6. Execution of the RTC Decision:
    The RTC Decision was executed, and new TCTs were issued in the name of Hidden View Subdivision Homeowners Association, Inc., effectively canceling the petitioner's titles over the road lots.

Issue:

  1. Whether the writ of preliminary injunction issued by the RTC of Cebu City, Branch 58, and made permanent by the Supreme Court, should be declared functus officio in light of the final and executory Decision in Civil Case No. 21239, which nullified the petitioner's titles over the road lots.

  2. Whether the petitioner's right to the road lots and her right-of-way ceased as a result of the RTC Decision in Civil Case No. 21239.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Conclusion:

The Supreme Court declared the writ of preliminary injunction functus officio, as the petitioner's titles over the road lots had been nullified in a final and executory judgment. The Court maintained that the Court of Appeals erred in not recognizing the petitioner's rights as the registered owner at the time of its decision, but the subsequent nullification of the titles rendered the injunction without legal basis.


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