Case Summary (G.R. No. 138984)
Procedural Background
The Supreme Court addressed a Motion for Reconsideration filed by the respondents concerning a decision made on January 31, 2005, which reversed the Court of Appeals' previous ruling and made a writ of preliminary injunction permanent. This injunction prevented respondents from interfering with Borbajo's use of the three road lots.
Resolution of Civil Case No. 21239
Respondents contended that Civil Case No. 21239, adjudicated by the Regional Trial Court (RTC) of Cebu City, Branch 9, rendered a judgment against Borbajo, declaring her titles to the road lots fraudulent and thereby null and void. This RTC decision was finalized on April 22, 2003, wherein it was ruled that the deed of sale from Jose Bontuyan to Borbajo for the road lots was invalid and ordered the cancellation of her titles.
Death of the Petitioner
It was noted that the petitioner passed away on December 20, 2002. However, her six children, as her legal heirs, sought to continue the action. Their substitution as parties in the proceedings came to light during the motion deliberation process.
Ownership Claims and Legal Basis
The original complaint filed by Borbajo sought an injunction to prevent respondents from interfering with her ownership rights over the road lots. The Supreme Court once acknowledged that Borbajo was entitled to the writ of injunction due to her ownership, as reflected in her Torrens titles, and set aside the Court of Appeals' conclusions regarding the sale of road lots being prohibited under Presidential Decree No. 957.
Findings of the Supreme Court
The Court reaffirmed that while Borbajo held titles to the road lots, a separate case addressing the validity of these titles was still pending. The Court maintained that should it be determined that Borbajo's titles were fraudulently obtained, her ownership rights, along with her entitlement to the sought injunction, would inevitably cease.
Finality and Executory Nature of Judgment
In response to the motion for reconsideration, Borbajo did not dispute the RTC's decision against her but claimed it was not final due to alleged lack of notice to intervenors in the case. However, the Court observed that an entry of judgment indicating the decision was final and executory had been duly recorded, and no legal remedies were pursued by the intervenors.
Current Status of the Road Lots
Following the execution of the RTC’s decision, the titles formerly held by Borbajo were officially canceled and replaced with new titles registered to the Hidden View Subdivision Homeowners Association, Inc. This cancellation confirmed that
...continue readingCase Syllabus (G.R. No. 138984)
Case Background
- The case involves Felicitacion B. Borbajo (Petitioner) and multiple respondents, including Hidden View Homeowners, Inc. and individuals in their personal capacities.
- A Motion for Reconsideration was filed by respondents concerning a previous decision rendered by the Supreme Court on January 31, 2005.
- The primary issue revolves around the validity of titles owned by Borbajo over three road lots within Hidden View Subdivision I and the subsequent legal implications.
Initial Supreme Court Decision
- The Supreme Court reversed the Court of Appeals' decision dated September 21, 2001, and made the writ of preliminary injunction issued by the Regional Trial Court (RTC) of Cebu City permanent, pending the outcome of Civil Case No. 21239.
- The Court held that Borbajo, as the owner of the road lots, was entitled to the attributes of ownership, including the right to seek injunction against the respondents' interference.
Developments in Civil Case No. 21239
- A crucial development occurred when the RTC of Cebu City, Branch 9, rendered a decision on April 22, 2003, against Borbajo, declaring her titles over the three road lots as obtained fraudulently.
- The RTC declared the deed of sale executed by Jose Bontuyan in favor of Borbajo null and void, ordering the cancellation of her titles (TCT Nos. 117437, 117563, an