G.R. No. 149992 - HI-TONE MARKETING CORPORATION, VS. BAIKAL REALTY CORPORATION AND ALEJANDRO R. VILLANUEVA, IN HIS CAPACITY AS REGISTER OF DEEDS OF CAVITE.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, the Register of Deeds of Cavite Province is hereby directed to register the Deed of Absolute Sale executed by Honorato Hernale on February 20, 1994 in favor of Baikal Realty Corporation and that executed by Benjamin Agrabiador on March 15, 1994 in favor of the same plaintiff corporation regarding [TCTs] Nos. T-2292 and T-27163, respectively, and to issue new Transfer Certificates of Title regarding said parcels of land in favor of said plaintiff corporation. On 31 March 1995, Hi-Tone filed a Motion for Leave of Court to Intervene and Admit Opposition , [23] setting the hearing thereof on 03 April 1995. The respondent judge, however, reset it to 20 April 1995 on the ground that Baikal Realtys opposition [24] to the motion was received only on 03 April 1995. [25] The records show, without any explanation however, that as early as 10 March 1995, Baikal Realty secured TCT No. T-542567 covering Lot 5765-A in its name from the Register of Deeds. [26] On 6 April 1995, Hi-Tone caused the annotation of a notice of lis pendens at the back of TCT No. T-542567. [27] During the 20 April 1995 hearing, Hi-Tones counsel manifested that it was withdrawing its motion for leave to intervene and would instead file an independent case. [28] The trial court granted the withdrawal. [29] On 21 April 1995, Hi-Tone filed a Petition under Rule 65 of the Revised Rules of Court with the Court of Appeals. [30] It imputed grave abuse of discretion to respondent judge in 1) declaring the Register of Deeds in default without any factual or legal basis; 2) stringently enforcing technical rules of procedure without considering the actual merits of the case; 3) not taking judicial notice that Baikal Realty failed to exhaust administrative remedies and that Baikal Realtys documents and titles are fictitious and questionable while Hi-Tone has a valid and legal title over the subject property; and 4) issuing the 29 March 1995 Order directing the Register of Deeds to register the subject deed in Baikal Realtys name in violation of Hi-Tones right to due process. Thus, Hi-Tone prayed for the nullification of the questioned order. Meanwhile, it appears that Baikal Realty filed a Complaint , docketed as Civil Case No. TM-588 of the RTC of Cavite (Trece Martires City), for annulment and/or cancellation of title with prayer for provisional remedies and damages. [31] Acting upon the application, the respondent judge issued on 17 April 1995 a TRO [32] directing the Register of Deeds (Trece Martires City) to desist from recording, entering, or annotating any transaction adversely affecting the new titles issued in the name of Baikal Realty and prohibiting Hi-Tone from directly and indirectly causing said acts to be done, and from encumbering or mortgaging in any manner the properties covered by the new titles, or entering or attempting or trying to enter the properties. Hi-Tone filed a Supplemental Petition on 26 April 1995. [33] It assailed the 17 April 199