of the subject property by virtue of the February 28, 1979

deed of sale executed by Enrique D. Hemedes, who in turn

obtained ownership of the land from Justa Kausapin, as
evidenced by the Kasunduan dated May 27, 1971. The
plaintiffs asserted that Justa Kausapin never transferred
the land to Maxima Hemedes and that Enrique D.
Hemedes had no knowledge of the registration proceedings
initiated by Maxima Hemedes.
After considering the merits of the case, the trial court
rendered judgment on February 22, 1989 in favor of
plaintiffs Dominium and Enrique D. Hemedes, the
dispositive portion of which states
WHEREFORE, judgment is hereby rendered:
(a) Declaring Transfer Certificate of Title No. 41985 of the
Register of Deeds of Laguna null and void and ineffective;

_______________
7

Docketed as Civil Case No. B-1766.

360

360

SUPREME COURT REPORTS ANNOTATED

Hemedes vs. Court of Appeals

(b) Declaring Dominium Realty and Construction Corporation

the absolute owner and possessor of the parcel of land
described in paragraph 3 of the complaint;
(c) Ordering the defendants and all persons acting for and/or
under them to respect such ownership and possession of
Dominium Realty and Construction Corporation and to
forever desist from asserting adverse claims thereon nor
disturbing such ownership and possession; and
(d) Directing the Register of Deeds of Laguna to cancel said
Transfer Certificate of Title No. 41985 in the name of R & B
Insurance Corporation, and in lieu thereof, issue a new
transfer certificate of title in the name of Dominium Realty
and Construction Corporation. No pronouncement as to
8
costs and attorneys fees.

Both R & B Insurance and Maxima Hemedes appealed

from the trial courts decision. On September 11, 1992 the
Court of Appeals affirmed the assailed decision in toto and