Case Digest (G.R. No. 45578)
Facts:
Antonio del Rosario and Apolonia Galicia v. Emiliana Santos, G.R. No. 45578, September 27, 1938, the Supreme Court, Villa-Real, J., with Avancena, C.J., Abad Santos, Imperial, Diaz, Laurel, and Concepcion, JJ., concurring.The dispute arose from an execution sale and competing claims to Lot No. 669, originally covered by original Certificate of Title No. 17379 issued in the name of Casiano Cornejo. On March 27, 1934, the Court of First Instance of Nueva Ecija, in Civil Case No. 4929 (Antonio del Rosario et al. v. Casiano Cornejo), issued a writ of execution which was registered and noted on the back of the original certificate of title. That original certificate was free of liens when the writ was noted.
An instrument of sale with pacto de retro, dated January 6, 1934, whereby Casiano Cornejo purportedly sold the lot to Emiliana Santos, was ratified before a notary and was filed and registered in the register of deeds one month after the writ of execution had been noted (the deed was registered April 27, 1934). Pursuant to the writ, the property was sold at public auction on May 3, 1934 and adjudicated to Antonio del Rosario and Apolonia Galicia as highest bidders for P600. Emiliana Santos filed a third-party claim of better right; the execution creditors posted the bond required by section 451 of Act No. 190, as amended by Act No. 4108, to permit sale; the bond was later cancelled when the third-party claimant failed to bring the required action within 120 days.
After the one-year redemption period under section 466 of Act No. 190 expired without any redemption, the provincial sheriff issued a final deed of sale in favor of the execution creditors on May 3, 1935. When the execution creditors sought to register the final deed, they found that original Certificate No. 17379 had been cancelled and that a Transfer Certificate of Title No. 8211, prepared in favor of Emiliana Santos, existed in draft but had not been signed by the register of deeds; the writ of execution appeared noted on the back of this incomplete TCT. On July 18, 1935 the execution creditors filed a motion in the relevant cadastral case asking the register of deeds to cancel TCT No. 8211 and issue a new transfer certificate in their names. The Court of First Instance granted the motion an...(Subscriber-Only)
Issues:
- Did the Court of First Instance have jurisdiction to order the cancellation of Transfer Certificate of Title No. 8211 and the issuance of another title upon the motion filed by the execution creditors?
- Was Transfer Certificate of Title No. 8211 in favor of Emiliana Santos subject to cancellation, and did the execution creditors’ rights under the writ of execution and sheriff’s sale prevail over Santos’s pacto de retro?
- Was the trial court’s denial of the app...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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