[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, THESHERIFF OF QUEZON CITY and HIS/HER
DEPUTIES and PURAKALAW LEDESMA, substituted by TANDANG SORADEVELOPMENT CORPORATION,
respondents

No man shall be affected by any proceeding to which he is a stranger, and strangers to a case are not
bound by any judgment rendered by the court.

C I V I L L A W ; L A N D R E G I S T R A T I O N ; P E R S O N D E A L I N G W I T H R E G I S T E R E D PROPERTY IS
CHARGED WITH NOTICE ONLY OF CLAIMS AS ARE ANNOTATED ON THE TITLE.

Facts:
Petitioners purchased a registered parcel of land from Mariano Lising. Subsequently, private respondent, the
registered owner of Lot 689, filed Civil Case against Herminigilda Pedro and Mariano Lising for allegedly
encroaching upon her lot. The trial court adjudged Pedro and Lising to pay damages, remove all constructions and relocate
the boundaries. Petitioners filed a petition for prohibition with the CA to prohibit the judge from issuing a
writ of demolition and the sheriff from implementing the alias writ of execution against their property. They
claimed that they were not impleaded in said civil case, hence, they would be deprived of their property
without due process of law. The CA dismissed the petition ruling that as buyers of Mariano Lising, petitioners were
privies and could be reached by the execution order.
EHCaDS
The Supreme Court granted the petition and thereby reversed and set aside theassailed decision. The
Court noted that petitioners acquired the lot before the commencement of the case. They could reasonably rely
on Mariano Lising's certificate of title because at the time of purchase, it was still free from any third party claim.
As builders in good faith and innocent purchasers for value, petitioners are proper parties in any case involving
subject property but since private respondents failed to implead them in the civil case, petitioners cannot be
reached by the decision in said case.

No man shall be affected by any proceeding to which he is a stranger, and strangers to a case are not
bound by any judgment rendered by the court. In the same manner, a writ of execution can be issued
only against a party and not against one who did not have his day in court. Only real parties in interest in
an action are bound by the judgment therein and by writs of execution and demolition issued pursuant
thereto. In our view, the spouses Victor and Honorata Orquiola have valid and meritorious cause to
resist the demolition of their house on their own titled lot, which is tantamount to a deprivation of
property without due process of law.