G.R. No. 220741 - ANGELINA A. BAYAN* AND JAIME A. BAYAN HEREIN REP. BY THEIR ATTORNEY-IN-FACT MARIA FLORA A. FALCON, VS. CELIA A. BAYAN (DECEASED), EDWARD DY, MA. LUISA B. TANGHAL, AND THE REGISTER OF DEEDS OF QUEZON CITY.DECISION - Supreme Court E-Library

Ruling

Accordingly, the RTC ordered the Register of Deeds of Quezon City to cancel all the Deeds of Real Estate Mortgage annotated on TCT Nos. N-140606, N-140607 and N-140608 and the Certificates of Sale inscribed on the said TCTs. It also ordered respondents to pay petitioners moral damages, attorney's fees and appearance fees per hearing. Respondents' cross-claim against Celia was likewise dismissed. Respondents filed an appeal with the CA. Meanwhile, Celia died. On January 5, 2015, the CA issued the now appealed Decision partially granting the appeal. The dispositive portion of the Decision reads: WHEREFORE , the Appeal is partially granted . The Decision dated September 15, 2010 rendered by the Regional Trial Court of Quezon City, Branch 81 in Civil Case No. Q-06-57416 is hereby AFFIRMED with MODIFICATIONS , as follows: 1. The Deed of Real Estate Mortgage Contract dated February 23, 2005, Deed of Real Estate Mortgage dated August 24, 2005, and the Amendment of the Deed of Real Estate Mortgage dated September 9, 2005 are declared null and void only in so far as the interests of Plaintiffs-Appellees Angelina Bayan and Jaime Bayan are concerned; 2. The extra-judicial foreclosure proceedings, public auction sale and Sheriff's Sale conducted by Assisting Deputy Sheriff Rolando G. Acal of the office off the Clerk of Court, Regional Trial Court, Quezon City, are hereby inefficacious and have no legal force and effect only in so far as the interests of Plaintiffs-Appellees Angelina Bayan and Jaime Bayan are concerned; 3. The case is remanded to the Regional Trial Court of Quezon City: (a) determine the exact extent of the respective rights, interests, shares, and participation of Defendants-Appellants Tanghal and Dy and the Plaintiffs­-Appellees over the subject properties, and (b) thereafter, to effect a final division, adjudication, and partition in accordance with law. 4. The Register of Deeds of Quezon City is hereby ordered to cancel the Certificates of Sale inscribed on Transfer Certificate of Title Nos. N-140606, N-140607 and N-140608 in favor of defendants Ma. Luisa Tanghal and Edward Dy and issue new ones in accordance with the determination of the RTC. The RTC's pronouncements on moral damages and attorney's fees are affirmed in toto . SO ORDERED.