Case Summary (G.R. No. 168655)
Legal Background
This case revolves around the cancellation of a notice of lis pendens Annotated on TCT No. 49936, under civil case LP-04-0071, filed in the Regional Trial Court (RTC) of Las Piñas City, Branch 253. The petitioner’s original action was dismissed by the RTC due to lack of jurisdiction, as the matter of cancelling a notice of lis pendens typically lies with the court where the main action regarding the property is pending.
Factual Background
The petitioner acquired a 10,715-square meter property through a Deed of Absolute Sale in 1982, resulting in the issuance of TCT No. 49936. In March 2004, the petitioner sought to cancel a notice of lis pendens that had been filed in relation to a prior civil case involving Bruneo F. Casim. The petitioner asserted that the notice was invalid due to alleged forgery and cited the absence of associated transaction records.
Intervenor's Position
The Intestate Estate of Bruneo F. Casim contested the jurisdiction of the RTC of Las Piñas to entertain the cancellation petition, claiming that the cancellation should occur before the court overseeing the primary case linked to the notice. It emphasized that the original case had reached finality, rendering the petition legally baseless.
Trial Court Decision
On April 14, 2005, the RTC dismissed the petition, determining it lacked jurisdiction, as the cancellation of the lis pendens should be resolved in the court handling the main underlying case. Furthermore, the RTC asserted that allegations of forgery must be substantiated with positive proof, which the petitioner failed to provide.
Jurisdictional Argument
In the current petition, the petitioner argues that the RTC has inherent power to cancel a notice of lis pendens, especially as the petitioner was not a party in the original civil case. The petitioner challenges the trial court's dismissal and contends that the notice was improperly annotated.
Legal Principles on Lis Pendens
The concept of lis pendens refers to the legal principle that a court gains jurisdiction over the property involved in an ongoing litigation, which impacts any transactions regarding that property. A party can seek cancellation of a notice of lis pendens through the court handling the main action based on applicable legal grounds.
Findings on Inherent Power of RTC
The Court affirmed that the RTC of Las Piñas lacked jurisdiction in this matter, as it was merely incidental to the prior action. Correspondingly, the petitioner would need to pursue this cancellation before the RTC of Makati City, which had control over the property in question during the earlier case.
Finality of Previous Judgment
Given the finality of the preceding case, the notice of lis pendens had effectively served its purpose. The Court confirmed that the petitioner’s title to the land could only be challenged through administrative remedies accordi
...continue readingCase Syllabus (G.R. No. 168655)
Case Background
- The case involves a petition for review under Rule 45 of the Rules of Court.
- The petition was directed against the April 14, 2005 Resolution and June 24, 2005 Order of the Regional Trial Court (RTC) of Las Piñas City, Branch 253.
- The RTC dismissed the petition filed by J. Casim Construction Supplies, Inc. for the cancellation of a notice of lis pendens annotated on its Transfer Certificate of Title (TCT) No. 49936.
Petitioner’s Claim
- J. Casim Construction Supplies, Inc., represented by Rogelio C. Casim, is a domestic corporation that holds TCT No. 49936 for a 10,715-square meter property.
- The petitioner acquired the property through a Deed of Absolute Sale in 1982, resulting in the cancellation of the mother title, TCT No. 30459, and issuance of TCT No. 49936.
- On March 22, 2004, the petitioner filed a petition for cancellation of the notice of lis pendens and other involuntary encumbrances on TCT No. 49936.
- It argued that the original TCT, on file with the Register of Deeds, contained several annotations indicating various claims, including a notice of lis pendens filed by Bruneo F. Casim.
Notice of Lis Pendens and Annotations
- The annotations on TCT No. 49936 included:
- An adverse claim by Bruneo F. Casim dated August 5, 1981.
- A cancellation of the adverse claim dated April 21, 1982.
- A notice of lis pendens dated September 18, 1981, related to a civil case involving Bruneo F.