DSM CONSTRUCTION AND DEVELOPMENT CORPORATION VS.

COURT OF
APPEALS and MEGAWORLD GLOBUS ASIA, INC. G.R. NO. 166993 , DECEMBER
19, 2005

FACTS:

Petitioner and respondent entered into agreements for the construction of a condominium
project owned by respondent called “The Salcedo Park”, with petitioner as contractor. In
the course of the project’s construction, differences with respect to billings arose between
the parties. Petitioner thus filed a complaint for compulsory arbitration before the CIAC
claiming payment for approximately P 97 Million as the outstanding balance due from
respondent pursuant to the agreements. The CIAC rendered a decision partially granting
both petitioner’s and respondent’s claims in favor of petitioner. This award was affirmed
by the Court of Appeals.

Thereafter, the Supreme Court promulgated its Decision affirming the judgment of the
Court of Appeals and lifting the TRO that was then still in effect. It became final and
executory. Petitioner centers on attempts, regrettably entertained by respondent Court of
Appeals, to thwart the execution of a final and executory decision of the Supreme Court.

ISSUE: WON the Court of Appeals gravely abused its discretion when it issued a
Resolution enjoining the enforcement of Alias Writ of Execution.

HELD:

Respondent's contention that the unregistered buyers' right over the property is superior
to that of the judgment obligor has no basis. The fact that the contracts to buy and sell
are unregistered and the properties in question are still in the name of respondent
underlines the fact that the sales are not absolute. The units are clearly still owned by
respondent and not by the alleged buyers. Under Section 51 of the Property
Registration Decree (PD 1529), the act of registration is the operative act which
conveys or affects the land in so far as third persons are concerned. As provided by
said law: Sec. 51 … no deed, mortgage, lease or other voluntary instrument, except a
will purporting to convey or affect registered land, shall take effect as a conveyance or
bind the land but shall operate only as a contract between the parties and as evidence
of authority to the Register of Deeds to make registration.
Respondent's reliance on jurisprudence holding that buyers' rights of ownership
over condominium units even if unregistered are superior over registered
encumbrances is misplaced. The cases cited clearly indicated that the parties involved
were the condominium buyers and mortgage creditors. A mortgage creditor is not
synonymous to a judgment creditor contrary to what respondent asserts. While the law
expects a mortgage creditor to inquire as a reasonably prudent man would regarding
the encumbrances on the property in question, no such knowledge is imputed to a
judgment creditor who merely seeks the satisfaction of the judgment awarded in his
favor.
Petition was granted. The Resolution dated 21 February 2005 and the Decision
of the Court of Appeals dated 19 April 2005 are VOIDED and SET ASIDE. The
Construction Industry Arbitration Commission is ordered to proceed with the execution
of its Decision dated 19 October 2001 in CIAC Case No. 22-2000.