G.R. No. 196517 - HEIRS OF ANTONIO LOPEZ NAMELY FELIZA LOPEZ-JULIAN, MARIA LOPEZ-UDON, PEDRO LOPEZ, MERILO LOPEZ, SYLVIA LOPEZ-DE PANA, JULIO LOPEZ, PANFILO LOPEZ AND LEOTIQUIO LOPEZ, REPRESENTED BY LEOTIQUIO LOPEZ, VS. SPOUSES FELIX AND MARITA EMPAYNADO.D E C I S I O N - Supreme Court E-Library

Ruling

ACCORDINGLY, the Petition is DENIED . The Decision dated September 30, 2010 and the Resolution dated March 31, 2011 of the Court of Appeals in CA-G.R. CV No. 91937 are AFFIRMED with MODIFICATION , to read as follows: Declaring NULL and VOID the Deed of Absolute Sale dated November 9, 1989 for being fictitious, inexistent, and without legal force and effect. Consequently, Transfer Certificate of Title No. NT-210220 issued in the name of respondents Spouses Felix and Marita Empaynado are hereby declared NULL and VOID for being issued based on the said forged and fictitious Deed of Absolute Sale dated November 9, 1989. Declaring as VALID the undated Deed of Absolute Sale executed by Antonio Lopez and Lolita Francisco in favor of Pedro Lopez. Declaring respondents to be the LAWFUL owners and possessors of the subject lot covered by TCT No. NT-148524. Directing petitioners, the Heirs of Antonio Lopez, namely Feliza Lopez-Julian, Maria Lopez-Udon, Pedro Lopez, Merilo Lopez, Sylvia Lopez-De Pana, Julio Lopez, Panfilo Lopez and Leotiquio Lopez, represented by Leotiquio Lopez, to EXECUTE pertinent documents required by law to effect the issuance of a new Transfer Certificate of Title in favor of respondents within 30 days from finality of this Decision, in accordance with the prescribed form under Articles 1357 and 1358(1) of the Civil Code of the Philippines. In case of non­compliance with this directive within the said period, respondents have the option to file the proper motion before the court a quo to issue an order divesting Pedro Lopez's title to the subject properties under the parameters of Rule 39, Section 10(a) of the Rules of Court. SO ORDERED.