G.R. No. 180615 - NATIONAL HOUSING AUTHORITY, VS. JOSE R. EVANGELISTA.D E C I S I O N - Supreme Court E-Library

Ruling

ACCORDINGLY, judgment is hereby rendered in favor of the plaintiff National Housing Authority as follows: The auction sale conducted by the Quezon City Treasurer in 1986 of the parcel of land consisting of 915.50 sq. m. subject of this case previously covered by TCT No. 138007 of the Register of Deeds of Quezon City issued in the name of Adela Salindon and wherein defendant Luisito Sarte was the auction buyer and TCT No. 239729 in the name of Arsenio Florendo, Milagros Florendo, Beatriz Florendo and Eloisa F. Kulphongpatana is hereby declared null and void ab initio ; TCT No. 28182 subsequently issued in the name of defendant Luisito Sarte by the Quezon City Registry of Deeds is hereby declared null and void ab initio and the herein defendant Quezon City Register of Deeds is hereby ordered to cancel said TCT 28182 in the name of Luisito Sarte; Any transfers, assignment, sale or mortgage of whatever nature of the parcel of land subject of this case made by defendant Luisito Sarte or his/her agents or assigns before or during the pendency of the instant case are hereby declared null and void, together with any transfer certificates of title issued in connection with the aforesaid transactions by the Register of Deeds of Quezon City who is likewise ordered to cancel or cause the cancellation of such TCTs; The defendant Register of Deeds of Quezon City is hereby ordered to issue a new transfer certificate of title over the entire parcel of land (915.50 sq. m.) subject of this case in favor of the National Housing Authority by way of satisfying the Supreme Court in G.R. No. 50544 promulgated on [19] May 1984; The NHA is hereby required and authorized to put in place on the property at bar a notice, readable, bold, and stable, sufficiently signifying the essence of this courts decision so that no person may err as to the real ownership of the instant parcel of land and to fence the same to prevent entry of squatters or other illegal intruders. ( Emphasis supplied ) Aggrieved, Sarte, the City Treasurer of Quezon City, and the QCRD appealed the decision to the Court of Appeals. The case entitled NHA v. Sarte, the City Treasurer of Quezon City, et al . was docketed as CA-G.R. CV No. 52466. On the other hand, respondent filed before the Court of Appeals a petition for the annulment of paragraph 3 of the dispositive portion of the judgment that nullified any transfer, assignment, sale or mortgage made by Sarte. His action was anchored on the ground that he, who acquired the property from Sarte, had been adversely affected by the aforequoted decision despite his non-participation in the litigation. The case entitled Evangelista v. The Honorable Judge, Regional Trial Court of Quezon City Branch CIII, National Housing Authority was docketed as CA-G.R. SP No. 41546. On 11 August 1999, respondent obtained a favorable judgment in CA-G.R. SP No. 41546, to wit: WHEREFORE, the petition is granted. The assailed part or paragraph No. 3 of the dispositive portion of t