Case Digest (G.R. No. L-27594)
Facts:
The Director of Lands, the Director of Forestry, and the Armed Forces of the Philippines, G.R. Nos. L-27594 and L-28144, February 27, 1976, the Supreme Court En Banc, Antonio, J., writing for the Court.This case concerns competing claims to a parcel of land adjudicated originally in LRC No. N-675 before the Court of First Instance of Nueva Ecija. The trial court rendered a judgment recognizing title in favor of parties represented by Alipio Alinsunurin (later succeeded by Paranaque Investment & Development Corporation) and Roman C. Tamayo (who claimed 1/3 pro indiviso), based on alleged possessory information title and continuous adverse possession from predecessors-in-interest (Maria and Melecio Padilla).
The petitioners (the Director of Lands, the Director of Forestry and the Armed Forces of the Philippines) appealed the entire judgment. During the proceedings, Roman C. Tamayo entered as an oppositor in LRC No. N-675, moved to lift a partial default, and sought recognition of his share; his pleadings and proof were substantially identical and commingled with those of Alinsunurin/Paranaque Investment, and his counsel joined in presenting the latter's evidence. Petitioners contend that Tamayo was not served with the notice of appeal within thirty days after notice of judgment.
While the appeal was pending, the Supreme Court on June 5, 1967 issued a restraining order (temporary injunction) (a) enjoining the trial judge from issuing a writ of possession in LRC No. N-675, (b) restraining Paranaque Investment and Tamayo from taking possession or exercising acts of ownership over the property, and (c) restraining the Register of Deeds from accepting documents referring to the subject land until petitioners filed a notice of lis pendens as to the title certificates of Tamayo and Paranaque Investment. Petitioners then filed a notice of lis pendens which was entered on the Day Book of the Register of Deeds of Nueva Ecija and annotated on Original Certificate of Title No. 0-3151 on June 23, 1967.
Despite that entry, a subsequent trial-court order (Judge Florendo Aquino in Civil Case No. 4696 on September 23, 1968) directed issuance of a "clean transfer certificate of title" to transferees (Honofre Andrada, et al.). Petitioners mov...(Subscriber-Only)
Issues:
- Whether the judgment in LRC No. N-675 became final as to respondent Roman C. Tamayo by reason of petitioners' failure to serve him with a copy of the notice of appeal within thirty days after notice of judgment.
- Whether the issuance of a "clean transfer certificate of title" to transferees (Honofre Andrada, et al.) after the entry of a lis pendens and during the pendency of the appeal was effective, or whether the transferees are bound by the pe...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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