This case has been cited 2 times or more.
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2007-09-27 |
SANDOVAL-GUTIERREZ, J. |
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| A notice of lis pendens is an announcement to the whole world that a particular real property is in litigation, and serves as a warning that one who acquires an interest over said property does so at his own risk, or that he gambles on the result of the litigation of said property.[10] It may involve actions that deal not only with the title or possession of a real property, but even with the use or occupation thereof. | |||||
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2005-05-16 |
AUSTRIA-MARTINEZ, J. |
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| Petitioners contend that: the notice of lis pendens is not necessary in this case since the complaint does not pray for an express award of ownership or possession; what is involved in this case is a contract to sell and not a contract of sale, thus, no title has passed to private respondent yet which needs to be protected by a notice of lis pendens; by ordering the re-annotation of the notice of lis pendens, when private respondent did not even assert a claim of possession or title over the subject property, the CA went against the doctrine in Villanueva vs. Court of Appeals,[13] where this Court held that the applicant must, in the complaint or answer filed in the subject litigation, assert a claim of possession or title over the subject property in order to give due course to his application; the CA, in concluding that there was no hearing before the annotation was cancelled, overlooked the fact that the motion for cancellation was set for hearing on November 12, 1997, that private respondent was duly notified but failed to appear, and that he was able to file his opposition to the motion to cancel lis pendens which the RTC considered before promulgating its Resolution dated November 26, 1997.[14] | |||||