Heirs of Lopez vs. Enriquez

TOPIC Notice of Lis Pendens
CASE NO. G.R. No. 146262

CASE NAME Heirs of Lopez vs. Enriquez
MEMBER Robyn Bangsil

DOCTRINE
1. A notice of lis pendens based on a motion (i.e. not on a complaint or petition) is not registrable. The
Register of Deeds correctly denied the application for notice of lis pendens because the petitioners are
mere movants and not original parties in the land registration case. Instead of a motion, they should
have filed an action for reconveyance, which could have been annotated as a notice of lis pendens.
2. Lis pendens literally means a pending suit. The doctrine of lis pendens refers to the jurisdiction,
power or control which a court acquires over property involved in a suit, pending the continuance of
the action, and until final judgment.
3. Purpose: (1) to protect the rights of the party causing the registration of the lis pendens, and (2) to
advise third persons who purchase or contract on the subject property that they do so at their peril and
subject to the result of the pending litigation.
4. Two-fold Effect: (1) keeps the subject matter of the litigation within the power of the court until the
entry of the final judgment to prevent the defeat of the final judgment by successive alienations; (2)
binds a purchaser, bona fide or not, of the land subject of the litigation to the judgment or decree that
the court will promulgate subsequently.
RECIT-READY DIGEST
FACTS: Sandoval and Ozaeta applied for registration of title, which was granted by court. Petitioners
Heirs of Lopez filed a motion in said land registration case alleging that the land had actually been sold to
their predecessor. They also filed a motion to declare the OCTs issued by the Register of Deeds in favor
of Sandoval and Ozaeta as void. Register of Deeds denied the application of the heirs to annotate a notice
of lis pendens on the OCTs. LRA ruled that a notice of lis pendens based on a motion is not registrable
and that only a party to a case has the legal personality to file such notice. CA affirmed the LRA’s ruling.
ISSUE: WON Register of Deeds correctly denied the application -YES
RULING: The SC affirmed the CA’s decision. See doctrine!
FACTS
- Sandoval and Ozaeta filed an application for registration of title before the RTC of Pasig (land
registration court). After an order of general default and hearings, the court granted the application.
Decision became final and executory on March 8, 1991.
- National Land Titles and Deeds Administration (now LRA) issued Decree Nos. N-217643 and N-
217644 in the names of Sandoval and Ozaeta.
- In July 1997, long after decision became final, petitioners Heirs of Lopez filed a motion in the land
registration case alleging that the subject lots were actually sold to their predecessor, Eugenio Lopez.
- They prayed that this be considered in the land registration case and that their court issue a decree of
registration in their names. Court conducted hearings.
- Register of Deeds of Marikina issued OCTs in favor of Sandoal and Orzaeta.
- Heirs of Lopez filed another motion to declare the OCTs void.
- Heirs of Lopez filed with the Register of Deeds an application to annotate the notice of lis pendens on
the back of the OCTs on the ground that they filed a motion to declare said OCTs void.
- Register of Deeds denied the application to annotate the notice for petitioner’s failure to submit “the
original petition or complaint upon which the office will base its action”. Heirs elevated denial to the
Lande Registration Authority.
1
- LRA Ruling: A notice of lis pendens based on a motion is not registrable. Only a party to a case has
the legal personality to file a notice of lis pendens. Petitioners not clothed with personality by merely
filing a motion after judgement has been rendered.
- CA Ruling: Affirmed.
ISSUE/S and HELD

WON Register of Deeds correctly denied the application -YES
RATIO
- Lis pendens literally means a pending suit. The doctrine of lis pendens refers to the jurisdiction,
power or control which a court acquires over property involved in a suit, pending the continuance of
the action, and until final judgment.
- Purpose: (1) to protect the rights of the party causing the registration of the lis pendens, and (2) to
advise third persons who purchase or contract on the subject property that they do so at their peril and
subject to the result of the pending litigation.
- Two-fold Effect: (1) keeps the subject matter of the litigation within the power of the court until the
entry of the final judgment to prevent the defeat of the final judgment by successive alienations; (2)
binds a purchaser, bona fide or not, of the land subject of the litigation to the judgment or decree that
the court will promulgate subsequently.
- Without a notice of lis pendens, a third party who acquires the property after relying only on the
certificate of title is a purchaser in good faith. Against such third party, the supposed rights of a
litigant cannot prevail, because the former is not bound by the property owners undertakings not
annotated in the transfer certificate of title.
- A notice of lis pendens may involve actions that deal not only with title or possession of a property,
but also with the use or occupation of a property.
o Where a notice of lis pendens is appropriate: (1) action to recover possession of real estate,
(2) action to quiet title, (3) action to remove clouds, (4) Action for partition, (5) Any other
proceedings of any kind in Court directly affecting the title to the land or the use or
occupation thereof or the buildings thereon
o Where not applicable: (1) preliminary attachments, (2) proceedings for the probate of wills,
(3) levied on execution, (4) proceedings for administration of estate of deceased persons, (5)
proceedings in which the only object is the recovery of a money judgement
- The notice of lis pendens hereinabove mentioned may be cancelled only upon order of the court, after
proper showing that the notice is for the purpose of molesting the adverse party, or that it is not
necessary to protect the rights of the party who caused it to be recorded.
- Formal Reqs: A notice of lis pendens should contain a statement of the institution of an action or
proceeding, the court where the same is pending, and the date of its institution, as well as a reference
to the number of the certificate of title of the land, an adequate description of the land affected and its
registered owner.
- In this case, the Register of Deeds correctly denied the application for notice of lis pendens because
the petitioners are mere movants and not original parties in the land registration case. As they are not
parties to an action, they are unable to present the requisite pleading to the Reg of Deeds. The
application was bereft of the original petition or complaint upon which the Register of Deeds could
base its action.
- Instead of filing a motion in the land registration case, the more proper remedy for petitioners should
have been an action for reconveyance against Sandoval and Ozaeta. As a remedy, an action for
reconveyance is filed as an ordinary action in the ordinary courts of justice and not with the land
registration court. A notice of lis pendens may thus have been annotated to the certificate of title.
DISPOSTIVE PORTION
WHEREFORE, decision of the CA AFFIRMED.

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TOPIC Notice of Lis Pendens

CASE NO. G.R. No. 146262

ISSUE/S and HELD

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