G.R. No. 260049 - HEIRS OF JUAN ESQUIVEL, REPRESENTED BY LYDIA BARCE-SARZA, [DECEASED], SUBSTITUTED BY MA. CARMELITA SARZA-SULIT,*, VS. CHARLES PIELAGO CLEMENTE III.

Ruling

Accordingly, TCT Nos. 49569 and 49570 were cancelled and TCT Nos. 085-2014000513 and 085-2014000514 were issued in respondent's name. [22] Execution Proceedings in the Reconveyance Case When the Court's Resolution in G.R. No. 212055 has attained finality, petitioners sought the execution of the judgment cancelling TCT No. 49305 in the name of Gloria and Roger, as well as the TCTs that succeeded it, namely, TCT Nos. 49439, 49440, 49569, and 49570. [23] Thus, on December 15, 2016, the RTC issued a Writ of Execution in the Reconveyance Case. [24] However, the Register of Deeds of Legazpi was unable to restore OCT No.(980)2324 because TCT Nos. 49569 and 49570 were already cancelled and superseded by TCT Nos. 085-2014000513 and 085-2014000514 in the name of respondent. [25] Petitioners then sent demand letters to respondent and requested that he surrender to the RTC the TCTs in his possession. However, respondent did not act on their request. [26] Thus, petitioners filed with the RTC a Motion to Direct Charles Pielago Clemente III to Produce TCT Nos. 085-2014000513 and 085-2014000514 (Motion for Production). In his Comment/Opposition Ad Cautelam , respondent opposed the Motion for Production and argued that he acquired the parcels of land in good faith by virtue of a valid absolute sale with AMC. Respondent asserted that when he acquired the subject property from AMC, there was no annotation of any adverse claim in AMC's Torrens certificates of title, i.e., TCT Nos. 49569 and 49570. Respondent added that he was not impleaded as a real party-in-interest in the Reconveyance Case and was therefore denied an opportunity to defend his claim over the subject property. [27] The Orders of the RTC In an Order [28] dated November 16, 2018, the RTC granted the Motion for Production. The dispositive portion of the Order reads: WHEREFORE, premises considered, [petitioners'] "Motion to Direct Charles Pielago Clemente III to Produce TCT No. 085-2014000513 and No. 085-2014000514" is GRANTED for being meritorious and Charles Pielago Clemente III is DIRECTED to produce before this court on 6 December 2018 at 8:30 in the morning the original owner's copy of TCT Nos. 085-2014000513 and 085-2014000514 for the immediate implementation of the 15 December 2016 Writ of Execution. The Process Server of this Court is directed to personally serve a copy of this Order to the counsel of Charles Pielago Clemente III. SO ORDERED.