G.R. No. 139284 -

Ruling

WHEREFORE, for the foregoing consideration, the Honorable Court is respectfully prayed to render judgment for plaintiffs and against the defendants, viz: (1) Declaring the series of fraudulent transfer made by Catalina Macias for portions of Lot No. 1496 previously sold to plaintiff as null and void; (2) Ordering defendant Catalina Macias to reconvey to plaintiffs the five-eighths (5/8) shares of Lot No. 1496 owned by them which were sold to them by the original owners; (3) Ordering the cancellation of the mortgage by defendant to the Central Loans and Savings Association; (4) Ordering defendant Catalina Macias to pay to plaintiffs the sum of P10,000.00 for moral damages and such exemplary damages as the Honorable Court may award; (5) Ordering defendant Catalina Macias to pay to plaintiffs the sum of P1,000.00 for attorneys fees and the costs of suit; (6) Granting unto plaintiffs such other relief as the Honorable Court may deem proper and just under the premises. [6] The case was docketed as Civil Case No. 4823. On November 13, 1968, the plaintiffs caused the annotation of a Notice of Lis Pendens relating to Civil Case No. 4823, Entry No. 8465, at the dorsal portion of TCT No. 2833. [7] In the meantime, Catalina Macias, et al., paid their loan to the CSLA. As a result, Entry No. 8049 on TCT No. 2833 was cancelled on August 14, 1969. However, Julian Mendez failed to pay his loan. Thus, the mortgagee caused the extrajudicial foreclosure of the real estate mortgage over his undivided share of the property. A sheriffs certificate of sale was executed by the sheriff in favor of CSLA. The deed was annotated on May 20, 1971 at the dorsal portion of TCT No. 2833, as Entry No. 12801. [8] On November 10, 1975, the court rendered its Decision [9] in Civil Case No. 4823 dismissing the complaint, the decretal portion of which reads as follows: FOR ALL THE FOREGOING CONSIDERATIONS, judgment is hereby rendered in favor of the defendants and against the plaintiffs: 1) Dismissing plaintiffs complaint; 2) Declaring defendants, surnamed Macias, the true and lawful owners of three-fourths (3/4) undivided shares of Lot No. 1496 of the Cadastral Survey of Dumaguete City, as registered in their respective names in Transfer Certificate of Title No. 2833; and ordering the plaintiffs to deliver the possession thereof to said defendants, and to vacate the premises; 3) Condemning the plaintiffs, severally and solidarily, to pay to the defendants the sums of: (a) FIVE THOUSAND PESOS (P5,000.00) as actual damages; (b) ONE THOUSAND PESOS (P1,000.00) as attorneys fees; and (c) the costs of suit. SO ORDERED.