Title
Roxas vs. Spouses Dy
Case
G.R. No. 101728
Decision Date
Jun 25, 1993
In the case of Roxas v. Spouses Dy, the court ruled to cancel the notice of lis pendens as the respondents failed to prove their actionable right over the property, allowing the petitioner to obtain a Transfer Certificate of Title.
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Case Digest (G.R. No. 101728)

Facts:

  • Ramon V. Roxas and spouses John and Flora Kuykendall are in a legal dispute with spouses Andres Dy and Gloria Dy.
  • The Kuykendalls leased their property at 520 P. Zamora St. to the Dyes for 17 years.
  • The lease expired on December 31, 1986, but the Dyes continued to occupy the property on a month-to-month basis.
  • On August 28, 1988, the Kuykendalls informed the Dyes of their intention to sell the property, allowing them until September 30, 1988, to make an offer.
  • The Dyes failed to respond by the deadline and later proposed P4.5 million on March 27, 1989, which the Kuykendalls rejected.
  • The Kuykendalls then set a selling price of P5.5 million, valid until April 10, 1989.
  • On April 6, 1989, the Kuykendalls offered to sell the property to Roxas for P5.521 million, which he accepted.
  • The sale was formalized with a Letter-Agreement on April 11, 1989, followed by a Deed of Absolute Sale on May 19, 1989.
  • Transfer Certificate of Title No. 162636 was issued to Roxas on May 22, 1989.
  • On June 2, 1989, the Dyes filed a lawsuit against the Kuykendalls and Roxas for annulment of the deed of sale and specific performance, placing a notice of lis pendens on Roxas's title.
  • The Regional Trial Court ruled in favor of Roxas on October 9, 1989, but the Court of Appeals reversed this decision on November 29, 1990.

Issue:

  • (Unlock)

Ruling:

  • The Supreme Court granted the petitions for review, reversing the Court of Appeals' decision.
  • The order of the Regional Trial Court that canceled the notice of lis pendens was reinstated.
  • The Cour...(Unlock)

Ratio:

  • The Supreme Court noted that under Section 24, Rule 14 of the Rules of Court, a notice of lis pendens can be canceled if it is intended to harass the opposing party or is unnecessary for protecting the rights of the party who recorded it.
  • The Court criticized the Court of Appeals for only considering whether the notice was meant to harass Roxas, neglecting the second groun...continue reading

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