G.R. No. 133090 - REXIE EFREN A. BUGARING AND ROYAL BECHTEL BUILDERS, INC., VS. HON. DOLORES S. ESPAÑOL, IN HER CAPACITY AS PRESIDING JUDGE OF THE REGIONAL TRIAL COURT BRANCH 90, IMUS, CAVITE.D E C I S I O N - Supreme Court E-Library

Ruling

Wherefore in view of the above, the motion of the defendant is GRANTED and the Register of Deeds of the Province of Cavite, is hereby directed to CANCEL the notice of lis pendens annotated at the back of Certificate of Title Nos. 519248, 51949 (sic) and 51950 (sic).' ATTY. BUGARING: Your Honor please, may we proceed your Honor, will first mark our documentary evidence. COURT: You wait until the Court allows you to do what you want to do, okay. The counsel has just made manifestation, he has not prayed for anything. So let us wait until he is finished and then wait for the direction of this Court what to do to have an orderly proceedings in this case. ATTY. BARZAGA: Considering your Honor, that the issues appear to be a little bit complicated your Honor, considering that the order regarding the annotation of the lis pendens has already been revoked by the Hon. Court your Honor, we just request that we be given a period of ten days from today your Honor, within which to submit our formal written opposition your Honor. COURT: Counsel, will you direct your attention to the manifestation filed earlier by Atty. Tutaan in connection with the refusal of the Register of Deeds to annotate the lis pendens because of certain reasons. According to the manifestation of Atty. Tutaan and it is appearing in the earlier part of the record of this case, the reason for that is because there was a pending subdivision plan, it is so stated. I think it was dated March, 1996. May I have the record please. ATTY. BARZAGA: Yes, your Honor. COURT: This Court would like to be enlightened with respect to that matter. ATTY. BARZAGA: Well, according to Atty. Diosdado Concepcion he could already explain this, your Honor. COURT: Have it properly addressed as part of the manifestation so that this court can be guided accordingly. Because this Court believes that the root of the matter started from that. After the submission of the .... what are you suppose to submit? ATTY. BARZAGA: Comment your Honor, on the motion to cite Atty. Diosdado Concepcion in contempt of Court. COURT: After the submission of the Comment and furnishing a copy of the comment to the counsel for the plaintiff, this Court is going to give the counsel for the plaintiff an equal time within which to submit his reply. ATTY. BUGARING: Your Honor please, it is the position of this representation your Honor please, that we will be marking first our documentary evidence because this is set for hearing for today, your Honor please. COURT: If you are going to mark your evidence and they do not have their comment yet what are we going to receive as evidence. ATTY. BUGARING: If your Honor please... COURT: Will you listen to the Court and just do whatever you have to do after the submission of the comment. ATTY. BUGARING: I am listening, your Honor please, but the record will show that the motion for contempt was copy furnished with the Register of Deeds and Diosdado Concepcion. COURT: Precisely, if you are listening then