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PEOPLE v. NENITA MARIA OLIVIA GALLARDO

This case has been cited 2 times or more.

2011-06-22
CARPIO, J.
In a letter dated 24 July 2002,[13] the Register of Deeds informed Aquende of the trial court's writ of execution and required Aquende to produce TCT No. 40067 so that a memorandum of the lien may be annotated on the title. On 25 July 2002, Aquende wrote a letter to the Register of Deeds questioning the trial court's writ of execution against his property.[14] Aquende alleged that he was unaware of any litigation involving his property having received no summons or notice thereof, nor was he aware of any adverse claim as no notice of lis pendens was inscribed on the title.
2011-06-22
CARPIO, J.
The Court of Appeals added that the trial court's 26 November 1996 Decision was void because the trial court failed to note that the Extrajudicial Settlement of Estate and Partition, from where the Yaptengco brothers derived their ownership over Lot No. 1634-B of Psd-153847 allegedly as heirs of Yap Chin Cun and now being claimed by Bulawan, had already been declared void in Civil Case No. 5064.[24] The Court of Appeals also said that a reading of Bulawan's complaint showed that the trial court had no jurisdiction to order the nullification of Psd-187165 and TCT No. 40067 because this was not one of the reliefs that Bulawan prayed for.