Petitioner
Romero
Respondent
Court of Appeals
Citation
G.R. No. 142406
Court
Supreme Court
Division
Second Division
Ponente
Austria-Martinez, J.
Decided
May 16, 2005

Summary

This case involves a dispute over maintaining a lis pendens annotation during litigation of a contract to sell real property. Saturnino Orden entered into a contract to sell with the Romero spouses for a P17M property in Quezon City. When Orden failed to pay the down payment, the Romeros rescinded the contract. Orden filed a specific performance case and annotated lis pendens on the title. The RTC cancelled the lis pendens, finding no actionable right existed, but the Court of Appeals reversed, holding that specific performance suits directly affect property title and warrant lis pendens protection. The Supreme Court affirmed, establishing that contracts to sell create sufficient basis for lis pendens annotation even without executed deeds of sale, emphasizing that lis pendens serves to protect potential property rights during litigation regardless of ultimate merit.

Statutes applied

Related cases

Other Philippine cases on the same provisions and issues.

Related research

In-depth Intellegal research on the provisions this case applies.

Search Philippine case law on Intellegal →

By the Intellegal Editorial Board · May 16, 2005

Search Philippine case law on Intellegal →
AI-assisted case analysis — for research only. Verify against the official decision. A research aid, not legal advice; using this page creates no attorney-client relationship. For legal advice, consult a Philippine lawyer. Verify every holding and citation against the official decision (Supreme Court E-Library / Official Gazette) before relying on it.