This case has been cited 7 times or more.
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2014-03-10 |
MENDOZA, J. |
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| The annotation of an adverse claim and notice of lis pendens over the subject properties is a notice to third persons that there is a controversy over the ownership of the land and serves to preserve and protect the right of the adverse claimants during the pendency of the controversy.[40] The principle of filing a notice of lis pendensĀ is based on 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 in order to prevent the defeat of the judgment by subsequent alienation; and in order to bind a purchaser, bona fide or otherwise, to the judgment that the court would subsequently promulgate. It serves as an announcement to the whole world that a particular real property is in litigation and as a warning that those who acquire an interest in the property do so at their own risk -- they gamble on the result of the litigation over it.[41] | |||||
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2012-01-18 |
PERLAS-BERNABE, J. |
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| The filing of a notice of lis pendens has a dual effect: (1) to keep the property subject matter of the litigation within the power of the court until the entry of the final judgment in order to prevent the defeat of the final judgment by successive alienations; and (2) to bind a purchaser, bona fide or otherwise, of the property subject of the litigation to the judgment that the court will subsequently promulgate.[25] | |||||
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2009-10-13 |
NACHURA, J. |
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| The filing of a notice of lis pendens has a two-fold effect: (1) to keep the subject matter of the litigation within the power of the court until the entry of the final judgment in order to prevent the final judgment from being defeated by successive alienations; and (2) to bind a purchaser, bona fide or not, of the land subject of the litigation to the judgment or decree that the court will promulgate subsequently.[95] | |||||
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2009-01-20 |
PUNO, C.J. |
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| A notice of lis pendens neither affects the merits of a case nor creates a right or a lien.[38] It serves to protect the real rights of the registrant while the case involving such rights is pending resolution.[39] While the notice of lis pendens remains on a certificate of title, the registrant could rest secure that he would not lose the property or any part of it during the litigation.[40] Once a notice of lis pendens has been duly registered, any subsequent transaction affecting the land involved would have to be subject to the outcome of the litigation. For this reason, the Court has pronounced that a "purchaser who buys registered land with full notice of the fact that it is in litigation between the vendor and a third party stands in the shoes of his vendor and his title is subject to the incidents and result of the pending litigation."[41] | |||||
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2009-01-20 |
CHICO-NAZARIO, J. |
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| Lis pendens, which literally means pending suit, refers to the jurisdiction, power or control which a court acquires over property involved in asuit, pending thecontinuance of theaction, and until finaljudgment. Founded upon public policy and necessity, lis pendens is intended (1) 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; and (2) to announce to the whole world that a particular 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 over said property.[50] | |||||
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2008-07-14 |
NACHURA, J. |
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| Lis pendens, which literally means pending suit, 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. Founded upon public policy and necessity, lis pendens is intended 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. Its notice is an announcement to the whole world that a particular 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 over said property.[46] | |||||
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2008-03-28 |
AUSTRIA-MARTINEZ, J. |
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| Petitioners filed a Motion for Reconsideration but the same was denied by the CA via its Resolution of July 4, 2003.[21] | |||||