G.R. No. 122427 - BENJAMIN S. LAZA, DIONISIO S. LAZA, FILOMENA S. LAZA, MILAGROS S. LAZA AND JOSE S. LAZA, VS. COURT OF APPEALS, ELENA G. GOMEZ, ANA G GOMEZ, CARMEN G. GOMEZ, AGUSTIN GOMEZ, JR.,PORFIRIO V. SISON, IMELDA G GOMEZ, NORA G. GOMEZ, (THE LAST TWO REPRESENTED BY ELENA G. GOMEZ).

Ruling

WHEREFORE, judgment is hereby rendered: 1. Declaring Lot 10-A or Lot 215 as the same property sold to Venustiano Tan by virtue of Exhibit 'C'; 2. Declaring the sale, evidenced by Exhibit 'C,' to have precedence over Exhibit 'F,' which is hereby voided in so far as it concerns Lot 10-A or Lot 215; 3. Cancelling Transfer Certificate of Title No. 167909 (Exhibit G); 4. Ordering the Register of Deeds to issue a new Certificate of Title in favor of plaintiffs as replacement for Transfer Certificate of Title No. 167909 (Exhibit G) upon payment of all lawful fees, charges and taxes; 5. Ordering the Register of Deeds to annotate the Decision in CA-G.R. No. 46237-R, entitled: Agustin Gomez vs. Jose Tan, et al., dated December 15, 1972, on Transfer Certificate of Title No. 150270 (Exhibit E) for the purpose of showing that the property in question is not covered by the above-stated certificate of title issued by virtue of a homestead patent, but by a certificate of title issued by virtue of a cadastral proceedings originally adjudicated in favor of the late Agustin Gomez; 6. And ordering defendants to respect the title, ownership and possession of plaintiffs in the property in question. There is no pronouncement as to damages, costs and attorney's fees. SO ORDERED.