This case has been cited 1 times or more.
|
2015-01-14 |
LEONARDO-DE CASTRO, J. |
||||
| In VSD Realty & Development Corporation v. Uniwide Sales, Inc.,[49] this Court remanded the case before the Court of Appeals, citing Manotok Realty, Inc. v. CLT Realty Development Corporation,[50] and held: In the main, respondent Baello contends that the Court erred in not declaring petitioner VSD's TCT No. T-285312 as null and void, considering that it is derived from Felisa Bonifacio's TCT No. 265777/T-1325, which, in turn, is derived from the false and fictitious OCT No. 994 dated April 19, 1917. The records of this case, however, show that Felisa Bonifacio's TCT No. 265777/T-1325 and VSD's TCT No. T-285312 are derived from the legitimate OCT No. 994 registered on May 3, 1917, which date has been held as the correct date of registration of the said OCT in Manotok Realty, Inc. v. CLT Realty Development Corporation. In her Motion for Leave and Time to File Judicial Affidavit of Mr. Felino Cortez and Supplemental Motion for Reconsideration, which the Court granted, respondent Baello contends that she has additional evidence showing that the copy of Felisa Bonifacio's TCT No. 265777/T-1325 that was presented to the Register of Deeds of Caloocan, for the purpose of the issuance of petitioner VSD's TCT No. T-285312, was tampered with to fraudulently reflect that it was derived from the legitimate and authentic OCT No. 994 dated May 3, 1917. It is alleged that the original microfilm copy retained by the LRA shows that Felisa Bonifacio's TCT No. 265777/T-1325 did not originate from the legitimate and authentic OCT No. 994 dated May 3, 1917, but was instead derived from OCT No. 994 dated April 19, 1912. Baello cited Manotok Realty, Inc. v. CLT Realty Development Corporation, which allowed the presentation of evidence before a Special Division of the Court of Appeals to ascertain which of the conflicting claims of title should prevail, even though the case had already been decided; and the additional evidence was presented in connection with a motion for reconsideration of this Court's decision. | |||||