G.R. No. 133698 - ANTONIO TALUSAN AND CELIA TALUSAN, VS. HERMINIGILDO* TAYAG AND JUAN HERNANDEZ.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, the appealed decision (dated February 4, 1993) of the Regional Trial Court (Branch 7) in Baguio City in Civil Case No. 1456-R is hereby AFFIRMED, with costs against plaintiffs/appellants." Also assailed is the April 27, 1998 CA Resolution [2] which denied petitioners' Motion for Reconsideration. The questioned CA ruling affirmed the Decision [3] of Branch 7 of the Regional Trial Court (RTC) of Baguio City in Civil Case No. 1456-R. The RTC, in turn, dismissed an action for the annulment of the auction sale of a condominium unit, covered by Condominium Certificate of Title No. 651 and located in Building IV, Europa Condominium Villas, Baguio City. The Facts The CA summarized the antecedents of this case in this wise: [4] "On June 28, 1988, [herein petitioners] filed a complaint wherein they alleged, inter alia, that: --They bought the subject property covered by Condominium Certificate of Title No. 651, from its former owner, Elias Imperial, as evidenced by a Deed of Absolute Sale: --On October 15, 1985, `[herein Respondent] Juan D. Hernandez, x x x sued x x x in his capacity as City Treasurer of Baguio City, wrote a letter to the former owner Elias Imperial informing him that the above described property would be sold at public auction on December 9, 1985, x x x to satisfy the delinquent real estate taxes, penalties and cost of sale, and demanded payment of the sum of P4,039.80, representing total taxes due and penalties thereon; --`Elias Imperial and his entire family emigrated to Australia in 1974.' Elias Imperial never authorized `a certain Dante Origan x x x to receive any letter or mail matter for and on his behalf;' --[Respondent] Hernandez sold the above-described property to [Respondent] Tayag for P4,400.00 `without any notice to the former owner thereof, [or] to [petitioners], and without compliance with the provisions of PD No. 464, as evidenced by the Certificate of Sale;' --A final bill of sale was later issued `in favor of the [Respondent] Hermenegildo Tayag.' The assessed value alone of the said property is P37,310.00 and the fair market value of the same is more than P300,000.00 and both [respondents] knew these; --The bid price of P4,400 `is so unconscionably low and shocking to the conscience,' thus, the sale `for the alleged unpaid taxes in the sum of P4,039.79, including penalties' is `null and void ab initio;' --`[Petitioners] have been in actual possession of the Unit in question, since they bought the same from its former owners, and their possession is open, public, continuous, adverse and in the concept of owners, while [Respondent] Hermegildo Tayag has never been in possession of the said property;' --[Petitioners] through intermediaries offered `to pay to the [respondents] the sum of P4,400 plus all interests and expenses which [they] might have incurred x x x but said offer was rejected without any just [or] lawful cause.' There is a need to issue a writ of preliminary injunction to `prese