G.R. No. 120435 - ESTATE OF THE LATE MERCEDES JACOB REPRESENTED BY MERCEDITA JACOB, DONATO JACOB JR., ERENEO JACOB AND LILIAN JACOB QUINTO, VS. COURT OF APPEALS, SPOUSES RAMON R. TUGBANG AND VIRGINIA S. TUGBANG, REGISTER OF DEEDS OF QUEZON CITY AND CITY TREASURER OF QUEZON CITY. [G.R. NO. 120974. DE

Ruling

WHEREFORE , the petition in G.R. No. 120435 is GRANTED . The decision and resolution of respondent Court of Appeals which affirmed the dismissal of the complaint of petitioners by the RTC-Br. 82, Quezon City, are SET ASIDE and Civil Case No. Q-93-15976 is REINSTATED . The trial court is directed to hear and decide this case with deliberate dispatch. The petition in G.R. No. 120974, on the other hand, is DENIED . The decision and resolution of respondent Court of Appeals affirming with modification that of the trial court are AFFIRMED . The public auction sale conducted on 29 February 1984 is declared VOID for lack of notice to the registered owner Teresa L. Valencia. Transfer Certificate Title No. 357727 and Tax Declaration No. B-091-01469 in the name of the spouses Romeo and Verna Chua are ANNULLED . The Register of Deeds of Quezon City is ordered to cancel TCT No. 357727 and issue in lieu thereof a new one in the name of respondent Bernardita C. Tolentino. Petitioner City Treasurer of Quezon City is ordered to cancel likewise Tax Declaration No. B-091-01469 and issue in lieu thereof a new tax declaration in the name of respondent Bernardita C. Tolentino. The award of attorney's fees is deleted. SO ORDERED.