Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
DECISION
AUSTRIAMARTINE!, J."
A person
person who was not impleaded in the complaint
complaint cannot be bound by the decision rendered therein,
for no man shall be affected by a proceedin in which he is a straner .!
1#E)E2O)
1#E)E 2O)E,E, th
the
e pe
peti
titi
tion
on is r
rant
anted
ed.. "h
"he
e as
assa
saile
iled
d pa
part
rt of pa
para
rar
rap
aph
h No
No.. 3 of th
the
e
dispositive portion of the decision dated November $4, !44+ of the )eional "rial Court, 5r.
CIII, 6ue7on City in Civil Case No. 6'4!'!889! is hereby declared void, non'bindin and
inapplicable in so far as petitioners "C" No. !$$4-- is concerned.
:et a cop
copyy her
hereof
eof be fur
furnis
nished
hed the )e
)eist
ister
er of Dee
Deeds
ds of 6ue
6ue7on
7on City for the proper
proper
annotation. No pronouncement as to costs.
SO O)DE)ED.
O)DE)ED.3
2AC"S0
N#A filed a case for recovery of property doc;eted as Civil Case No. 6'4!'!889!. + Said case
involves a real property measurin 4!+.+8 s<uare meters and located in =. :una )oad, 6ue7on City,
oriin
oriinally
ally awa
awarde
rdedd in !4
!4>
> by the *eo
*eople
ples
s #om
#omesi
esite
te and #ou
#ousin
sin
Cor
Corpor
porati
ation
on %pe
%petit
tition
ioners
ers
predecessor& to a certain Adela Salindon.
After the death of Salindon, her heirs e?ecuted an e?tra'/udicial settlement where the property was
transferre
transferredd to Arsenio 2lorendo, @r., ilaros 2loren
2lorendo,
do, 5eatr
5eatri7
i7 2loren
2lorendo
do and Elois
Eloisa
a 2loren
2lorendo'
do'
Bulphonpatana. #owever, in a decision in (.). No. :'8+--, entitled Arsenio 2lorendo, @r., et al.
vs. #on. *erpetuo D. Coloma, *residin @ude of 5ranch =II, City Court of 6ue7on City, et al.,
rendered
rende red by the Court on ay !4, !4>-, the award in favor of Salin
Salindon
don was nullified and set aside
for havin been issued in e?cess of /urisdiction and with rave abuse of discretion, and petitioner
was declared the owner of the property.
Despite said decision, the property was auctioned off by the 6ue7on City "reasurers Office on April
$3, !4>, for unpaid real property ta?es by the 2lorendos. "he hihest bidder was :uisito Sarte.
5ecause the )eister of Deeds refused to reister the final deed of sale issued by the City
"reasurer, Sarte filed a petition for issuance of title and confirmation of sale, which was ranted by
the )eional "rial Court of 6ue7on City %5ranch >-&. Conse<uently, the )eister of Deeds issued
"ransfer Certificate of "itle %"C"& No. $>!>$ in the name of Sarte, who divided the property into :ot
!'A, measurin +98.+8 s<uare meters and covered by "C" No. !8>898, and :ot !'5, measurin 3-+
s<uare meters and covered by "C" No. !8>89!.
It was in !44! that petitioner filed Civil Case No. 6'4!'!889! with Sarte, the City "reasurer of
6ue7on City and the 6ue7on City )eister of Deeds, as defendants. 1hile the case was pendin,
Sarte e?ecuted in favor of respondent @ose Evanelista, a Deed of Assinment dated December $,
!44-, coverin :ot !'A. 9 "C" No. !8>898 was cancelled and "C" No. !$$4-- was issued in the
name of respondent on December $!, !44-. Subse<uently, the )eister of Deeds annotated on "C"
No. !$$4-- an Affidavit of Adverse Claim of petitioner.
On ay !, !44+, petitioner filed a motion for leave to file supplemental complaint in Civil Case No.
6'4!'!889!, see;in to include respondent Evanelista, Northern Star Ari'5usiness Corporation
and 5*I Aricultural Development 5an; as defendants. "he proposed additional defendants were
the subse<uent purchasers of :ots !'A and !'5. !8 "he trial court, however, denied the motion in its
Order dated ay !9, !44+.!!
"hus, petitioner, on ay 3!, !44+, filed before the )eional "rial Court of 6ue7on City %5ranch >$& a
complaint for Annulment of Deed of Assinment, Deed of Absolute Sale, )eal Estate ortae,
Cancellation of "C" Nos. !$$4-- and !$34, and Damaes, aainst Sarte, respondent
Evanelista, Northern Star Ari'5usiness Corporation, 5*I Aricultural Development 5an; and the
)eister of Deeds of 6ue7on City, doc;eted as Civil Case No. 6'4+'$34-8. !$
In a decision dated November $4, !44+, the trial court, in Civil Case No. 6'4!'!889!, rendered its
decision in favor of petitioner, with the followin dispositive portion0
$. "C" No. $>!>$ subse<uently issued in the name of defendant :uisito Sarte is hereby null
and void.
#. A$y %&a$s'(&s, ass)*$+($%, sa( o& +o&%*a*( o' -a%(v(& $a%/&( o' %( a&( o'
a$ s/3(% o' %)s as( +a( 3y ('($a$% L/)s)%o Sa&%( o& )s(& a*($%s o& ass)*$s
3('o&( o& /&)$* %( ($($y o' %( )$s%a$% as( a&( (&(3y (a&( $/ a$ vo),
%o*(%(& -)% a$y %&a$s'(& (&%)')a%(s o' %)%( )ss/( )$ o$$(%)o$ -)% %( a'o&(sa)
%&a$sa%)o$s 3y %( R(*)s%(& o' ((s o' 7/(8o$ )%y -o )s ):(-)s( o&(&( %o
a$( o& a/s( %( a$(a%)o$ o' s/ TTs;
purchaser of the sub/ect property from Sarte, and title was already transferred to him. It will be the
heiht of ine<uity to allow respondents title to be nullified without bein iven the opportunity to
present any evidence in support of his ostensible ownership of the property. uch more, it is
tantamount to a violation of the constitutional uarantee that no person shall be deprived of property
without due process of law. $- Clearly, the trial courts /udment is void insofar as pararaph 3 of its
dispositive portion is concerned.
*etitioner arues that it should not bear the conse<uence of the trial courts denial of its motion to
include respondent as defendant in Civil Case No. 6'4!'!889!. "rue, it was not petitioners fault that
respondent was not made a party to the case. 5ut li;ewise, it was not respondents fault that he was
not iven the opportunity to present his side of the story. 1hatever prompted the trial court to deny
petitioners motion to include respondent as defendant is not for the Court to reason why. *etitioner
could have brouht the trial courts denial to the CA on certiorari but it did not. Instead, it filed Civil
Case No. 6'4+'$34-8 for Annulment of Deed of Assinment, Deed of Absolute Sale, )eal Estate
ortae, Cancellation of "C" Nos. !$$4-- and !$34, and Damaes, aainst herein respondent
Sarte and others. nfortunately for petitioner, this was dismissed by the )eional "rial Court of
6ue7on City %5ranch >$& on the round of litis pendentia. 5e that as it may, the undeniable fact
remains '' respondent is not a party to Civil Case No. 6'4!'!889!, and pararaph 3, or any portion
of the trial courts /udment for that matter, cannot be bindin on him.
<HERE=ORE, the petition for review on certiorari is DENIED for lac; of merit and the assailed
Decision and )esolution of the Court of Appeals in CA'(.). S* No. +!- are hereby A22I)ED.
SO ORERE.