THE HEIRS OF EUGENIO LOPEZ, SR. NAMELY, OSCAR M. LOPEZ, MANUEL M. LOPEZ AND PRESENTACION L. PSINAKIS, VS. THE HONORABLE FRANCISCO QUERUBIN, IN HIS CAPACITY AS PRESIDING JUDGE OF THE REGIONAL TRIAL COURT OF ANTIPOLO, BRANCH 74, AND THE HEIRS OF ALFONSO SANDOVAL AND HIS WIFE ROSA RUIZ, REPRESENTED BY

Ruling

WHEREFORE, the Court hereby declares the applicant ALFONSO SANDOVAL and his wife, ROSA RUIZ; applicant ROMAN OZAETA, JR. and his wife, MA. SALOME LAO, all of legal age, Filipinos, and residents of Rizal Province, the true and absolute owners in equal pro-indiviso shares of Lots 1 and 2 of plan Psu-177091 (Exhibit D), and orders the registration thereof in their names. x x x x x x x x x Once this decision becomes final, let an order for the issuance of decree issue. [19] On September 23, 1970, prior to the issuance of the decrees of registration, the spouses Sandoval and spouses Ozaeta sold the subject properties to Eugenio Lopez. In the Deed of Absolute Sale [20] executed by the spouses, they warranted that they would file the corresponding motion or manifestation in LRC No. N-2858, LRC Rec. No. N-18887 in order that the original certificates of title over the subject properties will be issued in the name of Eugenio Lopez, his heirs, administrators, or assigns. Eugenio Lopez then entered into possession of the subject properties. Subsequently, the decrees of registration remained unissued. Years later, on May 12, 1993, a certain Atty. Juanito R. Dimaano filed in LRC No. N-2858, LRC Rec. No. N-18887 an Entry of Appearance with Motion for Issuance of Certificate of Finality [21] for and on behalf of the applicants Sandoval and Ozaeta. The land registration case was then pending at the RTC of Pasig City, Branch 152. Atty. Dimaano averred that the trial court's Decision dated May 31, 1966 had since become final, as no appeal was filed thereon, and he prayed for the issuance of a Certificate of Finality of the aforesaid Decision. On July 14, 1993, Atty. Dimaano filed a Motion for Issuance of a Decree [22] in the said case. In an Order [23] dated August 24, 1993 , the RTC of Pasig City granted the motion for the issuance of the decrees of registration. On even date, the RTC of Pasig City ordered [24] the Land Registration Authority (LRA) to comply with the provisions of Section 39 of Presidential Decree No. 1529, [25] as the Decision dated May 31, 1966 had already attained finality. Apparently, the LRA was unable to immediately act in accordance with the Order of the trial court, citing discrepancies in the technical description and area of the subject properties. [26] Subsequently, after the discrepancies were clarified, the RTC of Pasig City issued an Order [27] dated October 20, 1994 , instructing the LRA to proceed with the issuance of the decrees of registration over the subject properties. In January 1997, the Lopez heirs were notified of the filing of a case docketed as LRC No. 96-1907 before the RTC of Antipolo City, Branch 74. The case was a petition for cancellation of Transfer Certificates of Title (TCT) Nos. 288133 and 288134 of the Registry of Deeds of Marikina City, which was filed by Evelyn T. Sandoval in her capacity as administratrix of the estate of applicant Alfonso Sandoval. Registered in the name of Lopez, Inc., TCT Nos. 288133 and