Case Summary (G.R. No. 195445)
Case Facts
The case involves property located at 7-A 32 A. Bonifacio Street, Bangkal, Makati City, which was originally registered under the names of the petitioners. On May 24, 2006, the property was sold at a public auction conducted by the City Government of Makati due to tax delinquency, with the respondent emerging as the winning bidder. The City Government executed a Certificate of Sale in favor of the respondent the same day, but the petitioners did not redeem the property within the mandated one-year period. Subsequently, on July 12, 2007, the respondent applied for a new certificate of title, which led to a court order transferring ownership to her and the issuance of a new title in her name.
Court Orders and Proceedings
After owning the property, the respondent sought the issuance of a writ of possession but initially faced a denial from the court due to procedural issues. Following this, on January 14, 2009, she filed an ex parte petition for the writ, which the court granted on April 1, 2009. In August 2009, the petitioners filed a motion to cite the respondent in contempt, arguing that her petition contained a false verification regarding forum shopping. However, by an Order dated January 19, 2010, the court denied the motion on the basis that the ex parte petition was not an initiatory pleading requiring such certification. A subsequent motion for reconsideration was also denied on April 19, 2010.
Court of Appeals Ruling
The petitioners then filed for certiorari before the Court of Appeals, alleging grave abuse of discretion by the trial court in issuing the orders. Nonetheless, the Court of Appeals upheld the decision of the trial court on January 31, 2011, asserting that there was no instance of forum shopping as the proceedings were merely ministerial in nature and thus did not require a certificate of non-forum shopping. They further noted that the petitioners had raised the applicability of the Local Government Code for the first time on appeal, and any claims regarding the tax auction's governing law had become final and executory, rendering them beyond judicial review.
Arguments of the Petitioners
In their appeal, the petitioners contended that the appellate court committed a reversible error by concluding that a certification of non-forum shopping was unnecessary and failed to acknowledge the intended nature of the ex parte proceedings and the necessity of acting in accordance with the relevant laws and jurisprudence. They further argued that all proceedings should resemble an action for accion reivindicatoria, thus declaring the proceedings void.
Arguments of the Respondent
In response, the respondent argued that a certification of non-forum shopping was irrelevant, as the ex parte petition is neither a complaint nor an initiatory pleading, asserting that petitioners were actually engaging in forum shopping by making reference to a concurrent matter under different docket numbers. Additionally, she contended that the petitioners could not identify legal provisions implying that a separate action is mandated for possession post-sale in a tax delinquency scenario.
Supreme Court's Ruling
The Supreme Court denied the petition, affirming the Court of Appeals’ decision that stated no certification against forum shopping was necessary for the writ of possession petiti
...continue readingCase Syllabus (G.R. No. 195445)
Case Overview
- This case involves a petition for review under Rule 45 of the Rules of Court by petitioners Angelina De Guzman, Gilbert De Guzman, Virgilio De Guzman, Jr., and Anthony De Guzman against respondent Gloria A. Chico.
- The petition seeks to review the January 31, 2011 Decision of the Court of Appeals (CA) in CA-G.R. SP No. 114103, which affirmed the Order of the Regional Trial Court (RTC), Branch 59, Makati City in LRC Case No. M-5188 dated January 19, 2010.
- The RTC Order denied the petitioners' Urgent Motion to Cite Respondent in Contempt and to Nullify Proceedings, as well as their Motion for Reconsideration dated April 19, 2010.
Factual Background
- The subject property is located at 7-A 32 A. Bonifacio Street, Bangkal, Makati City, originally registered under the petitioners' name with Transfer Certificate of Title (TCT) No. 164900.
- On May 24, 2006, the City Government of Makati conducted a public auction of tax-delinquent properties, where respondent Chico was the winning bidder.
- A Certificate of Sale was executed in favor of respondent on the same date.
- The petitioners failed to redeem the property within the one-year redemption period, prompting respondent to file for a new certificate of title on July 12, 2007.
- The RTC of Makati City ordered the consolidation and transfer of title to respondent on December 28, 2007, resulting in the issuance of TCT No. T-224923.
Proceedings in Lower Courts
- Respondent's initial motion for a writ of possession was denied by the RTC for failure to set a hearing.
- On January 14, 2009, respondent filed an Ex Parte Petition for the Issuance of a Writ of Possession, which was granted by the RTC on April 1, 2009, and the writ was issued on August 7, 2009.
- Petitioners filed an urgent motion on August 28, 2009, to cite respondent in contempt, claiming a