[G.R. No. 141463. August 6, 2002 VICTOR ORQUIOLA and HONORATA ORQUIOLA, petitioners, vs. HON.

COURT OF APPEALS, HON. VIVENCIO S. BACLIG, Presiding Judge, Regional Trial Court, Branch 77,
Quezon City, THE SHERIFF OF QUEZON CITY and HIS/HER DEPUTIES and PURA KALAW LEDESMA,
substituted by TANDANG SORA DEVELOPMENT CORPORATION, Respondents.
DECISION
QUISUMBING, J.:
Doctrine: No person shall be deprived of property without due process of law. Failure to implead
proper parties- in-interest, they cannot be reached by decision as no man shall be affected by any
proceeding to which he is a stranger who did not have his day in court. Only real parties in interest
in an action are bound by the judgment
Facts:
Petition for review seeking the reversal of the CA decision which dismissed the petition to prohibit Judge
Vivencio Baclig of the RTC from issuing a writ of demolition against petitioners, and the sheriff and deputy
sheriff from implementing an alias writ of execution.
Pura Kalaw Ledesma was the registered owner of Lot 689 in Tandang Sora, Quezon City which is adjacent to
certain portions of Lot 707 of the Piedad Estates, registered in the name of Herminigilda Pedro
Herminigilda sold the lots to Mariano Lising, registered them in the name of M.B. Lising Realty and subdivided
them into smaller lots. Petitioners, spouses Victor and Honorata Orquiola, purchased a portion of this Lot 707-A2
In 1969, Pura Kalaw Ledesma filed Civil Case against Herminigilda Pedro and Mariano Lising for allegedly
encroaching upon Lot 689. During the pendency of the action, Tandang Sora Development Corporation
replaced Pura Kalaw Ledesma as plaintiff by virtue of an assignment of Lot 689 Trial continued for three
decades.
On August 21, 1991, the trial court finally adjudged defendants Pedro and Lising jointly and severally liable for
encroaching on plaintiffs land and ordered to remove the house they constructed on the land they were
occupying.
On April 2, 1998, petitioners received a Special Order to remove, at their expense, all constructions, including
barbed wires and fences, which defendants constructed on plaintiffs property, within fifteen (15) days from
notice otherwise, this Court will issue a writ of demolition against them.
Petitioners filed with the CA a petition for prohibition with prayer for a restraining order and preliminary
injunction alleging that they bought the subject parcel of land in good faith and for value, hence, they were
parties in interest. Since they were not impleaded in Civil Case, the writ of demolition issued in connection
therewith cannot be enforced against them because to do so would amount to deprivation of property without
due process of law.
CA dismissed the petition as well as the motion for reconsideration, ruling that petitioners were considered
privies who derived their rights from Lising by virtue of the sale and could be reached by the execution order in
Civil Case
First Issue: Whether the alias writ of execution may be enforced against petitioners
-Petitioners submit that Medina Case*** is not controlling since Medina markedly differs from the present case on
major points.
o Timing of acquisition of subject property Medina acquired prior commencement and conclusion of case,
while present case, petitioners acquired before the commencement of Civil Case
o Basis of Right over the disputed land of the predecessors-in-interest - In Medina based on Titulo de
Composicion Con El Estado issued by the Spanish Government, while petitioners based on fully recognized
Torrens title.
o In Medina merely relied on the title of her predecessor-in-interest and tax declarations to prove her alleged
ownership of the land, while petitioners acquired the registered title in their own names, while the petitioner
-In sale of a parcel of land under the Torrens system, person dealing with the registered property need not go
beyond the certificate of title as he can rely solely on the title and annotations on the title.
Second Issue: Whether petitioners were innocent purchasers for value and builders in good faith
-Buyer in good faith - buys the property of another without notice that some other person has a right to or interest
in such property.
-Buyer for value if he pays a full and fair price at the time of the purchase or before he has notice of the claim or
interest of some other person in the property.
-Determination of whether one is a buyer in good faith is a factual issue which generally is outside the province of
this except if CA failed to take into account certain relevant facts which, if properly considered, would justify a
different conclusion.
-CA failed to consider that petitioners purchased the subject land in 1964 from Mariano Lising and the civil case
commenced sometime in 1969. Petitioners could reasonably rely on Mariano Lisings Certificate of Title which at
the time of purchase was still free from any third party claim. Hence, petitioners are buyers in good faith and
for value.
-Builder in good faith - one who builds with the belief that the land he is building on is his, and is ignorant of any
defect or flaw in his title. Petitioner spouses acquired the land without knowledge of any defect in the title of
Mariano Lising. It was only in 1998, when the sheriff of Quezon City tried to execute the judgment in Civil Case
which cannot serve as notice of such adverse claim to petitioners since they were not impleaded therein as
parties.
-Petitioners have rights over the subject property and hence they are proper parties in interest in any case, hence
they should have been impleaded in civil case.
-Failure to implead proper parties in interest, they cannot be reached by decision as no man shall be affected by
any proceeding to which he is a stranger who did not have his day in court. Only real parties in interest in an
action are bound by the judgment

-Demolition of their house on their own titled lot tantamounts to a deprivation of property without due process of
law.
-Petition granted.
***Medina Case
Benedicta Mangahas and Francisco Ramos occupied and built houses on the lot without consent of the owner of
property which is the Philippine Realty Corporation (PRC)
PRC sold the lot to Remedios Magbanua. Mangahas and Ramos opposed and instituted Civil Case to annul the sale
and to compel PRC to execute a contract of sale in their favor. The trial court dismissed the complaint and ordered
Mangahas and Ramos to vacate
When Magbanua sought the execution of the judgment in Civil Case petitioner Medina opposed contending that
she bought the houses from spouses Ricardo and Eufrocinia de Guzman (Mangahas and Ramos sold the property
to spouses de Guzman), relying title from Titulo de Composicion Con El Estado .Medina argued that the trial court
did not acquire jurisdiction over her, claiming that she was not a party in first Civil Case .
Court ruled that first civil case could be enforced against petitioner even though she was not a party thereto.
Petitioner was privy to the two judgment debtors Mangahas and Ramos.