Galedo, Abegail P.

237. Heirs of Lopez, Sr. v. Enriquez

PETITIONER : HEIRS OF EUGENIO LOPEZ, SR.

RESPONDENT : HON. ALFREDO ENRIQUEZ
DATE : January 21, 2005
PONENTE : Carpio J.
TOPIC : Filing

FACTS:

 Alfonso Sandoval and Roman Ozaeta, Jr. filed an application for registration of title before the
Regional Trial Court of Pasig City
 The land registration court granted the application and issued decree in the names of Sandoval
and his wife and Ozaeta and his wife.
 Petitioners filed a motion alleging that Sandoval and Ozaeta sold the subject lots to the late
Eugenio Lopez, Sr.
 Petitioners filed with the Register of Deeds an application to annotate notice of lis pendens.

ISSUE:

WHETHER PETITIONERS' MOTION TO DECLARE VOID THE DECREES ISSUED BY THE

LAND REGISTRATION AUTHORITY IS A PROPER BASIS FOR FILING THE NOTICE OF LIS
PENDENS

HELD:

 Notice of lis pendens may be cancelled only upon order of the court after proper showing that it
was filed for the purpose of molesting the adverse party or that it is not necessary to protect the
rights of the party who caused it to be recorded.
 Lis pendens is a pending suit. The doctrine of lis pendens refers to jurisdiction power/control
which a court acquires over the property involved in a suit pending the continuance of the action
and until final judgment.
 Purpose:
1. to protect rights of the party causing registration
2. to advise 3rd person
 An action for reconveyance is an action in personam available to a person whose property has
been wrongfully registered under the Torrens system in another name.