G.R. No. 102648 - DRS. ALENDRY P. CAVILES, JR. AND FLORA P. CAVILES, VS. EVELYN T. BAUTISTA AND RAMON T. BAUTISTA.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, judgment is rendered (1) ordering herein respondents or any person witholding the owner's copy of Transfer Certificate of Title No. 57006 to surrender the same to the Register of Deeds of Las Pinas, Metro Manila within 15 days from the finality of this decision; thereafter, said official shall annotate on said title the certificate of sale issued by the Manila sheriff and thereafter cancel the original and duplicate copy of the same torrens title and issue a new one in favor of herein petitioners; and (2) in the event the respondents or other persons fail or refuse to deliver/surrender said owner's copy, authority is hereby granted to the same official to annul TCT No. 57006 after annotating thereon the said certificate of sale, and to issue a new transfer certificate of title in lieu thereof in the name of herein petitioners, which new certificate and all duplicate thereof shall contain a memorandum of the annulment of the outstanding duplicate." [4] The Court of Appeals in turn ruled: "WHEREFORE, the decision appealed from is hereby reversed. The petition is dismissed and respondents-appellants' transfer certificate of title upheld. SO ORDERED.