Beruflich Dokumente
Kultur Dokumente
16
BARANDA VS GUSTILO
FACTS: Both parties claim that they own the parcel of land disputed in this case. The Court, after
discovering that the private respondents TCT was fraudulently acquired, ordered a writ of possession
against them and issued a resolution denying with finality a motion for reconsideration filed by private
respondents. Another group filed a separate civil case against petitioners and applied for lispendens on
the TCT of said lot, which the Court found out to be privies of the private respondents tasked to delay
the implementation of said decision.
ISSUE: Whether or not the pendency of the appeal in subsequent civil cases with the Court of Appeals
prevents the court from cancelling the notice of lispendens in the certificate of titles of petitioners which
were earlier declared valid and subsisting by this Court?
HELD: Respondent Judge abused his discretion in sustaining the acting register of deeds stand. He
forgot the 1st paragraph of Section 77 of PD 1529: Cancellation of lispendens before the final
judgment, a notice of lispendens may be cancelled upon order of the court after proper showing. It is
necessary to protect the rights of those who caused it to be registered.