Case Digest (G.R. No. 135038)
Facts:
In Sajonas v. Court of Appeals (G.R. No. 102377, July 5, 1996), spouses Alfredo and Conchita Sajonas acquired a parcel in Antipolo, Rizal from spouses Ernesto Uychocde and Lucita Jarin under a Contract to Sell dated September 22, 1983, with the land registered under TCT No. N-79073. On August 27, 1984, the Sajonas annotated an adverse claim on the Uychocdes’ title. Upon full payment, the Uychocdes executed and registered a Deed of Absolute Sale in favor of the Sajonas on August 28, 1985, prompting issuance of a new title, TCT No. N-109417, on which the adverse claim was carried over. Prior to registration of the sale, Domingo Pilares, judgment creditor of the Uychocdes in Civil Case No. Q-28850, had, on February 12, 1985, levied execution on the property by annotating a notice of levy on TCT No. N-79073 (later transferred to N-109417). The Sajonas filed an action for cancellation of the levy annotation in the Regional Trial Court of Rizal, which upheld their adverse claim and orCase Digest (G.R. No. 135038)
Facts:
- Parties and Property
- Petitioners Alfredo Sajonas and Conchita R. Sajonas purchased a residential parcel in Antipolo, Rizal from spouses Ernesto B. Uychocde and Lucita Jarin.
- Private respondent Domingo A. Pilares is a judgment creditor of the Uychocdes; Sheriff Roberto Garcia of Quezon City and the Register of Deeds of Marikina are also named as respondents.
- Chronology of Events
- September 22, 1983 – Spouses Uychocde and Jarin executed a Contract to Sell in favor of the Sajonas couple on installment basis; property registered under TCT No. N-79073 (Marikina).
- August 27, 1984 – Petitioners annotated an Adverse Claim (Entry No. 116017) on TCT No. N-79073 based on their Contract to Sell.
- September 4, 1984 – Uychocdes executed the Deed of Absolute Sale in favor of the Sajonas; registration occurred on August 28, 1985, resulting in issuance of TCT No. N-109417 in petitioners’ names.
- June 25, 1980 to August 12, 1982 – In Civil Case No. Q-28850, Pilares and Uychocde entered a compromise agreement; Uychocde defaulted and a writ of execution was issued.
- February 12, 1985 – Sheriff Garcia presented and caused annotation of a Notice of Levy on Execution on the back of TCT No. N-79073 (Entry No. 123283); this annotation was carried over to new TCT No. N-109417.
- October 21, 1985 – Petitioners filed a Third Party Claim with the sheriff, preventing the auction sale.
- January 10, 1986 – Petitioners demanded cancellation of the levy annotation; Pilares refused.
- February 5, 1986 – Sajonas couple filed complaint before the Regional Trial Court (RTC) of Rizal, Branch 71, for cancellation of the Notice of Levy.
- Procedural History
- March 8, 1986 – Pilares filed Answer with compulsory counterclaim, asserting that the adverse claim lapsed after 30 days under Section 70, P.D. 1529, and that the sale from the Uychocdes was fraudulent.
- February 15, 1989 – RTC rendered decision in favor of petitioners, ordered cancellation of the levy annotation and awarded attorney’s fees.
- October 17, 1991 – The Court of Appeals reversed the RTC, upheld validity of the levy annotation, and dismissed the complaint.
- July 5, 1996 – Supreme Court rendered the challenged decision on petition for review on certiorari.
Issues:
- Whether an Adverse Claim under Section 70 of P.D. 1529 automatically loses force and effect upon the lapse of thirty days from registration.
- Whether a Notice of Levy on Execution registered after the lapse of thirty days may nevertheless prevail over a prior Adverse Claim.
- Whether petitioners qualify as purchasers in good faith, and whether their purchase is fraudulent as to Pilares.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)