This case has been cited 3 times or more.
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2009-04-24 |
TINGA, J. |
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| A notice of lis pendens[22] is an announcement to the whole world that a particular real property is in litigation, serving 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 over the said property.[23] The filing of a notice of lis pendens charges all strangers with a notice of the particular litigation referred to therein and, therefore, any right they may thereafter acquire on the property is subject to the eventuality of the suit.[24] Such announcement is founded upon public policy and necessity, the purpose of which is to keep the properties in litigation within the power of the court until the litigation is terminated and to prevent the defeat of the judgment or decree by subsequent alienation.[25] | |||||
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2005-07-29 |
CALLEJO, SR., J. |
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| [That] at the hearing, petitioner submits proof of publication, posting and service of the notice as directed by the court.[20] Jurisdiction over the subject matter or nature of the action is conferred only by the Constitution or by law. In all cases where the authority to proceed is conferred by a statute and the manner of obtaining jurisdiction is mandatory, the same must be complied with, or the proceedings will be utterly void.[21] It cannot be acquired, waived, enlarged or diminished by any act or omission of the parties or acquiescence by the courts.[22] Failure to comply with the jurisdictional requirements renders the decision approving the reconstitution and all proceedings therein null and void.[23] | |||||
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2005-05-16 |
AUSTRIA-MARTINEZ, J. |
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| While the trial court has inherent power to cancel a notice of lis pendens, such power, meanwhile, is exercised under express provisions of law.[24] As provided for by Sec. 14, Rule 13 of the 1997 Rules of Civil Procedure, a notice of lis pendens may be cancelled on two grounds: (1) if the annotation was for the purpose of molesting the title of the adverse party, or (2) when the annotation is not necessary to protect the title of the party who caused it to be recorded.[25] | |||||