G.R. No. 221586 - ZENAIDA D. ROA, VS. SPS. ROBINSON K. AND MARY VALERIE S. SY, MARIE ANTOINETTE R. FRANCISCO, AND THE REGISTER OF DEEDS OF MAKATI CITY.

Ruling

Accordingly, they ought to return the property to its legitimate owners (she and Amelia). Instead of filing an answer, Spouses Sy filed a motion to dismiss on the ground of failure to state a cause of action. The complaint allegedly rested on conjectures and contained no specific averments of bad faith on their part. [8] Spouses Sy further claimed that they acted in good faith when they relied on Francisco's title and noted no suspicious circumstances attending the sale transaction. The Ruling of the Regional Trial Court By Order [9] dated August 7, 2013, the trial court denied Spouses Sy's motion to dismiss for lack of merit. It noted that the complaint stated that petitioners were the registered owners of the property. Francisco fraudulently registered the property in her name by presenting a spurious and forged deed of sale. Ultimately, Spouses Sy purchased the property from Francisco despite her fraudulent title. [10] Spouses Sy's motion for reconsideration was denied under Order [11] dated March 26, 2014. Thereafter, they filed a "Motion for Bill of Particulars dated April 14, 2014 and later an "Amended Motion for Bill of Particulars" dated April 15, 2014. They required herein petitioner to answer the following questions: [12] 3.1 Does plaintiff Zenaida D. Roa deny that it was Marie Antoinette Roa Francisco, Marie Celine Roa Francisco and/or Amelia Roa who had actual and physical possession of the house and lot located at 73 Amorsolo Street, San Lorenzo Village, Makati City (the "Property") on 20 July 2012? 3.2 Does plaintiff Zenaida D. Roa deny that she did not have actual and physical possession of the property on 20 July 2012? 3.3 Does plaintiff Zenaida D. Roa deny that it was her niece Marie Antoinette Roa Francisco who was in actual and physical possession of the original owner's duplicate title to the Property currently covered by TCT No. 006-201200889 on 20 July 2012? 3.4 Does plaintiff Zenaida D. Roa deny that she did not have actual and physical possession of the original owner's duplicate title to the property currently covered by TCT No. 006-201200889 on 20 July 2012? 3.5 Is plaintiff Zenaida D. Roa a US Citizen? 3.5 (sic) Does plaintiff Zenaida D. Roa deny that she did not take any action before the Register of Deeds for the protection of the public on or after December 2011, when "she came across an Earnest Money Agreement purportedly executed by Antoinette Francisco in favor of a certain Zoilo De La Cruz, the subject matter of which is the sale of the Amorsolo property covered by TCT No. 133936, xxx"[?] 3.6 Did plaintiff Zenaida D. Roa file any action to cancel or to void the Earnest Money Agreement between Marie Antoinette R. Francisco and Zoilo De La Cruz? 3.7 Does plaintiff Zenaida D. Roa deny that she never caused the title covering the property to be annotated with a "lis pendens annotation" at the Register of Deeds when according to par. 12 of her Complaint, she filed on 4 June 2012, a Petition to Surrender Withheld Owner