Lis Pendens

1) (From Casim Construction Supplies v Registrar of Deeds of Las Pinas
http://sc.judiciary.gov.ph/jurisprudence/2010/july2010/168655.htm)
Fernandez v CA was cited in this case.

A notice of lis pendens, once duly registered, may be cancelled by the trial
court before which the action involving the property is pending. This power is
said to be inherent in the trial court and is exercised only under express
provisions of law.[27] Accordingly, Section 14, Rule 13 of the 1997 Rules of
Civil Procedure authorizes the trial court to cancel a notice of lis
pendens where it is properly shown that the purpose of its annotation is for
molesting the adverse party, or that it is not necessary to protect the rights
of the party who caused it to be annotated. Be that as it may, the power to
cancel a notice of lis pendens is exercised only under exceptional
circumstances, such as: where such circumstances are imputable to the party
who caused the annotation; where the litigation was unduly prolonged to the
prejudice of the other party because of several continuances procured by
petitioner; where the case which is the basis for the lis pendens notation was
dismissed for non prosequitur on the part of the plaintiff; or where judgment
was rendered against the party who caused such a notation. In such
instances, said notice is deemed ipso facto cancelled.[28]
2) (From
PD
1529
http://www.lawphil.net/statutes/presdecs/pd1978/pd_1529_1978.html)
Cancellation of Lis Pendens

Section 77. Cancellation of lis pendens. Before final judgment, a notice of lis
pendens may be canceled upon order of the court, after proper showing that
the notice is 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 registered. It
may also be canceled by the Register of Deeds upon verified petition of the
party who caused the registration thereof.
At any time after final judgment in favor of the defendant, or other disposition
of the action such as to terminate finally all rights of the plaintiff in and to the
land and/or buildings involved, in any case in which a memorandum or notice
of lis pendens has been registered as provided in the preceding section, the
notice of lis pendens shall be deemed canceled upon the registration of a
certificate of the clerk of court in which the action or proceeding was pending
stating the manner of disposal thereof.
3) (From NCC http://www.chanrobles.com/civilcodeofthephilippinesbook2.htm)
Substantive law on Quieting Titles; Also see Rule 63 Rule of Courts
(http://www.lawphil.net/courts/rules/rc_1-71_civil.html#r63)
Basics
of
Quieting
Title
(http://www.batasnatin.com/law-library/civillaw/property/1178-quieting-of-title.html)
Art. 476. Whenever there is a cloud on title to real property or any interest
therein, by reason of any instrument, record, claim, encumbrance or
proceeding which is apparently valid or effective but is in truth and in fact
invalid, ineffective, voidable, or unenforceable, and may be prejudicial to said

title, an action may be brought to remove such cloud or to quiet the title.
An action may also be brought to prevent a cloud from being cast upon title
to real property or any interest therein.
Art. 477. The plaintiff must have legal or equitable title to, or interest in the
real property which is the subject matter of the action. He need not be in
possession of said property.
Art. 478. There may also be an action to quiet title or remove a cloud
therefrom when the contract, instrument or other obligation has been
extinguished or has terminated, or has been barred by extinctive prescription.
4) (From
Phil-Ville
Development
and
Housing
Corp
v
Bonifacio
http://sc.judiciary.gov.ph/jurisprudence/2011/june2011/167391.htm) Footnote
Case: http://sc.judiciary.gov.ph/jurisprudence/2010/february2010/173289.htm
Quieting Title
Whenever there is a cloud on title to real property or any interest in real
property by reason of any instrument, record, claim, encumbrance, or
proceeding that is apparently valid or effective, but is, in truth and in fact,
invalid, ineffective, voidable, or unenforceable, and may be prejudicial to said
title, an action may be brought to remove such cloud or to quiet the title. In
such action, the competent court is tasked to determine the respective rights
of the complainant and the other claimants, not only to place things in their
proper places, and make the claimant, who has no rights to said immovable,
respect and not disturb the one so entitled, but also for the benefit of both, so
that whoever has the right will see every cloud of doubt over the property
dissipated, and he can thereafter fearlessly introduce any desired
improvements, as well as use, and even abuse the property.
In order that an action for quieting of title may prosper, two requisites must
concur: (1) the plaintiff or complainant has a legal or equitable title or
interest in the real property subject of the action; and (2) the deed, claim,
encumbrance, or proceeding claimed to be casting cloud on his title must be
shown to be in fact invalid or inoperative despite its prima facie appearance
of validity or legal efficacy.
Xxx The cloud on title consists of: (1) any instrument, record, claim,
encumbrance or proceeding; (2) which is apparently valid or effective; (3) but
is in truth and in fact invalid, ineffective, voidable, or unenforceable; and (4)
may be prejudicial to the title sought to be quieted.
Xxx Significantly, an action to quiet title is characterized as a
proceeding quasi in rem.[56] In an action quasi in rem, an individual is named
a defendant and the purpose of the proceeding is to subject his interests to
the obligation or loan burdening the property. Actions quasi in rem deal with
the status, ownership or liability of a particular property but which are
intended to operate on these questions only as between the particular parties
to the proceedings and not to ascertain or cut off the rights or interests of all
possible claimants. The judgment therein is binding only upon the parties
who joined in the action.

Lis Pendens

Uploaded by

Copyright:

Available Formats

Lis Pendens

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Lis Pendens

Uploaded by

Copyright:

Available Formats

1) (From Casim Construction Supplies v Registrar of Deeds of Las Pinas

Fernandez v CA was cited in this case.

Cancellation of Lis Pendens

invalid, ineffective, voidable, or unenforceable, and may be prejudicial to said

You might also like