Title
Diaz y Cruz vs. Perez
Case
G.R. No. L-12053
Decision Date
May 30, 1958
An 83-year-old woman challenged the denial of her petition to cancel a lis pendens annotation on her property during guardianship proceedings, alleging incompetency. The Supreme Court upheld the annotation, ruling it was a proper cautionary measure, and denied her mandamus and certiorari petitions, deeming the orders interlocutory and non-appealable.
annotation of notice
lis pendens
guardianship proceedings
A

Case Digest (G.R. No. 211153)

Facts:

  • Parties and Background
    • Roberta Diaz y Cruz, an 83‐year‐old woman residing in Pasay City, is the petitioner.
    • She owns real and personal properties, with an estimated total value of approximately half a million pesos.
    • Her family context is significant as she has nine legitimate children; three of these children, together with two grandchildren (by another daughter), initiated separate proceedings against her.
  • Guardianship Proceedings and Annotation of Lis Pendens
    • On August 18, 1956, petitioners (her three children and two grandchildren) filed a petition with the Rizal Court of First Instance seeking a declaration of her incompetence.
      • The petition aimed to establish that she was incapable of managing her affairs and properties.
      • It also sought the appointment of a guardian for both her person and her properties.
    • While the guardianship proceeding (Special Proceeding 1483-P) was still pending, on November 7, 1956, a notice from the Register of Deeds of Rizal informed Roberta Diaz y Cruz that a lis pendens had been annotated on her Transfer Certificate of Title No. 32872.
      • The annotation was meant to caution any potential buyer about the pending litigation concerning her capacity to dispose of her property.
  • Efforts to Cancel the Lis Pendens and Subsequent Judicial Actions
    • On November 29, 1956, Roberta Diaz y Cruz filed a petition within the guardianship proceedings to cancel the lis pendens annotation on her property.
    • The petitioner’s request was denied by Judge Jesus Y. Perez, Presiding Judge of the Rizal Court of First Instance.
      • The opposition of the adverse parties contributed to the denial.
    • Subsequent actions included:
      • A motion for reconsideration, which also failed.
      • Filing of a notice of appeal, a record on appeal, and an appeal bond.
      • On January 22, 1957, the record on appeal was disapproved by the same judge, who held that the order was interlocutory and not appealable under Section 2, Rule 41.
    • Finally, on February 26, 1957, Roberta Diaz y Cruz filed a petition in the Court of Appeals for:
      • Mandamus – to compel the approval of the record on appeal.
      • Certiorari – to annul the order refusing cancellation of the lis pendens.
  • Context and Subsequent Developments
    • The underlying rationale for annotating the lis pendens was to warn potential purchasers that the guardianship proceedings could affect the validity and disposition of the title.
    • The cautionary measure was based on allegations that the petitioner had, in various instances, disposed of her properties in ways that might disadvantage her given her age and weak physical and mental condition.
    • Notably, later in April 1957, the lower court declared her incompetent and appointed the Philippine National Bank as guardian of her properties, thereby substantiating the initial concerns underlying the lis pendens.

Issues:

  • Procedural Issue Surrounding the Interlocutory Order
    • Whether the order denying the cancellation of the lis pendens—being interlocutory—was appealable through mandamus.
    • The applicability of Section 2, Rule 41 regarding the appealability of interlocutory orders.
  • Substantive Issue on the Validity of Lis Pendens in Guardianship Proceedings
    • Whether annotating a lis pendens on a Transfer Certificate of Title is appropriate in the context of guardianship proceedings.
    • The contention that statutory provisions (sec. 79 of Act No. 496 and sec. 24 of Rule 7) might restrict lis pendens to specific kinds of actions, thereby excluding guardianship proceedings.
  • Evaluation of Abuse of Discretion
    • Whether the trial court abused its discretion in maintaining the lis pendens despite contention regarding its appropriateness and the impact on the petitioner’s property rights.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)
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