Case Digest (G.R. No. L-952)
Facts:
Haw Pia v. Ramon R. San Jose, Judge of Court of First Instance of Quezon, the Register of Deeds of Quezon, and Aurelia Altea, G.R. No. L-952, March 31, 1947, the Supreme Court En Banc, Hilado, J., writing for the Court.Petitioner Haw Pia and respondent Aurelia Altea contested ownership and the right of conventional redemption over lot No. 8610 appearing in cadastral record No. 1019 (cadastral case No. 63). Altea claimed a conventional right of redemption as assignee of Valeriano Niala. The trial court (Court of First Instance of Tayabas) decided the dispute and the decision was appealed to the Court of Appeals.
The Court of Appeals, in a decision promulgated August 31, 1940, upheld Altea’s right of conventional redemption and fixed the redemption price at P490. Following that judgment Altea consigned P490 with the clerk of the Court of First Instance of Tayabas (later Quezon) in September/October 1940; the consignment was authorized by a court order of September 30, 1940. Subsequent proceedings produced a Court of First Instance order dated January 13, 1941 directing the Register of Deeds to note the right of redemption on the land title until August 2, 1942; that order was affirmed by the Supreme Court of the occupation government on July 27, 1943.
On December 1 and December 15, 1943, Altea filed motions leading to the Court of First Instance’s order of January 6, 1944. That order directed (1) Haw Pia, within ten days of notice, to deliver to the Register of Deeds the owner’s duplicate of Original Certificate of Title No. 43125 for cancellation as to lot No. 8610; (2) if she failed, the Register of Deeds was to cancel the certificate and issue a new title in favor of Altea; and (3) the clerk of court or the Provincial Treasurer to deliver to Haw Pia the P490 consigned by Altea, while reserving Altea’s right to a separate action for fruits of the land.
Counsel for Haw Pia sought a continuance; the court postponed consideration to January 6, 1944 and then entered the order. Haw Pia thereafter filed three motions for reconsideration, all denied. Judge Ramon R. San Jose entered an order on August 30, 1946, that reiterated the January 6, 1944 order, denied the reconsideration motions (finding second motion repetitive and third motion raising previously decided contentions), and observed that a collateral question about whether the Register of Deeds acted lawfully in cancelling the title could not be resolved in a motion for reconsideration.
Petitioner brought the matter to the Supreme Court by w...(Subscriber-Only)
Issues:
- Is a petition for certiorari the proper remedy to assail the Court of First Instance’s January 6, 1944 order, or was an appeal the proper remedy?
- Does the alleged "freezing" or nonpayment of the P490 consigned by Altea render the January 6, 1944 order unenforceable or entitle petitioner to re...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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