Case Digest (G.R. No. 179751)
Facts:
Herminia L. Mendoza, in her capacity as OIC of the Register of Deeds of Lucena City, v. Spouses Armando and Angela Garana and Far East Bank & Trust Co., Inc., G.R. No. 179751, August 05, 2015, Second Division, Brion, J., writing for the Court.On October 6, 1993 the heirs of Manuel Uy Ek Liong, through their representative Belen Uy, filed with the Register of Deeds of Lucena City (RD Lucena) a notice of lis pendens covering several titles, including TCT No. T-72029 (the subject land). The notice was entered in RD Lucena’s primary entry book (Entry No. 56142) after payment of required fees; the Register (Atty. Alberto P. Marquez) wrote to registered owners asking for their owner’s duplicate titles for annotation, but the owner of TCT No. T-72029, Leovina Jalbuena, did not surrender her duplicate and the original was later found to be missing from the vault.
Prior to the October 6 registration, an adverse claim by Belen Uy had been annotated on TCT No. T-72029 on August 16, 1993, but that adverse claim was cancelled on October 4, 1994 upon filing of an affidavit by one Bienaflor C. Umali. In the interim the original title was not annotated with the lis pendens because of RD Lucena’s lapse and because the original title was in the custody of a clerk, Carmelina Rodriguez, who failed to effect the annotation after processing another transaction.
After learning the adverse claim had been cancelled, Spouses Armando and Angela Garana proceeded to purchase the subject land from Jalbuena on November 7, 1994; RD Lucena cancelled TCT No. T-72029 and issued TCT No. T-77739 in the Garanas’ names. The Garanas thereafter mortgaged the property to respondent Far East Bank & Trust Co., Inc.. When the heirs of Manuel Uy discovered that the lis pendens had not been annotated on the new title, RD Lucena (through Atty. Marquez, later substituted by petitioner Mendoza) filed a petition in the Regional Trial Court (RTC), Branch 58, Lucena City, seeking authority to annotate the notice of lis pendens on TCT No. T-77739.
The RTC, by order dated October 10, 2000, granted the petition and ordered annotation of the lis pendens on TCT No. T-77739. Spouses Garana and Far East Bank appealed to the Court of Appeals (CA), which, in its February 14, 2007 decision (CA-G.R. CV No. 70027) and September 11, 2007 resolution, annulled the RTC order and held that under the Torrens system third persons may safely rely on the certificate of title; the CA found the Garanas to be innocent purchasers for value and ruled the entry in the primary entry book did not bind third persons absent annotation on the title.
Petitioner filed a petition for review on certiorari under Rule 45 before the Sup...(Subscriber-Only)
Issues:
- Does the entry of a notice of lis pendens in the Register of Deeds’ primary entry book/day book, absent annotation on the certificate of title, constitute constructive notice to third persons and bind purchasers and mortgagees of re...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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