Thursday, September 1, 2016

LIS PENDENS BASED ON A PROCEEDING FOR A PROBATE OF WILLS OR FOR ADMINISTRATION OF THE ESTATES OF A DECEASED PERSON

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  


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