LINDA S.
GUNANUKORN, ET. AL.
Petitioner,
-Versus- Consulta No. 5485
REGISTRAR OF
DEEDS OF PASIG CITY,
Respondent.
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R E S O L UT I O N
For
Resolution is an Appeal elevated en
Consulta by Petitioner Linda S. Gunanukorn, Leticia G. Cino and Rogelio M.
Senen (Petitioner Gunanukorn, et. al., for brevity) from the denial made by the
Respondent Register of Deeds (“Respondent RD, for brevity) of Pasig City
ofregistration of Notice of Lis Pendens on TCT Nos. 48382 and 41398 issued in
the name of Severino Montano.
Petitioner
Gunanukorn, et. al. through counsel, filed their Notice of Lis Pendens affecting Transfer Certificate of Title No. (TCT) Nos.
48382 and 41398, both registered in the name of Severino Montano, allegedly in
order to protect their claims and interest on the subject properties as the
same are subject matter of an estate proceeding filed by therein petitioner
Pedro Ronduen under Special Proceeding No. 9431.
Respondent
RD, through then Acting Deputy Registrar of Deeds Atty. Rogelio Juan A. Celera
denied registration of said notice of lis
pendens, and annotation of consulta was entered on the subject titles on
March 26, 2012 under EPEB No. 2012002055; however, a copy of such denial was
not furnished this Authority. On 19 July 2013, now Acting Registrar of Deeds
Atty. Arnold A. Bautista maintained the denial made by Atty. Celera pointing
out that “ a petition for the issuance of the letters of administrator cannot
be a valid subject of a Notice of Lis
Pendens because the cause of action does not primarily/ directl tackle the
issue of ownership/ possession of the said properties, as required by law.”
Not
satisfied with said denial, the matter was elevated en consulta.
This
Authority rules in favor of the denial made by the Respondent RD.
The
issue has been squarely resolved in Consulta No. 2688, stating:
“ By express provision of Section 79 of
Act No. 496 the registration of a notice of lis pendens anchored on a
proceeding for a probate of wills or for administration of the estates of
deceased persons is indeed inapplicable. . . In re Consulta No. 1384, the
Register of Deeds of Pampanga vs. Mercado, 72 Phil 353, it is worth noting that
the Supreme Court in a per curiam decision ruled out the acceptability of such
notice for registration in testate and intestate proceedings for the simple
reason that there is no pending case or action affecting title or possession of
the registered property of the deceased or his assigns. Moreover, it is stated
therein that a settlement of estate is a special proceeding and not an action,
and hence, improper to be the subject of notice of lis pendens.”
WHEREFORE, premises
considered, this Authority is of the opinion and so holds that Notice of Lis
Pendens is not registrable on TCT Nos.
48382 and 41398.
SO ORDERED.
Quezon
City, Philippines._________, 2013
(SGD.) EULALIO C. DIAZ III
Administrator 1/8/14
