Case Brief: Tanchoco vs. Aquino

G.R. No. L-30670 September 15, 1987

PASTOR TANCHOCO, MACARIO TANCHOCO, AGRIPINA TANCHOCO, INOCENCIA TANCHOCO, LIBERATA TANCHOCO and TRINIDAD TANCHOCO, petitioners,
vs.
HON. FLORENDO P. AQUINO, as Judge of the Court of First Instance of Nueva Ecija, Branch I, VICENTA TECSON VDA. DE LAJOM, JOSE T. LAJOM, RAFAEL VIOLA and THE PROVINCIAL SHERIFF OF NUEVA ECIJA, respondents.

 

Facts:

The petitioners purchased a property subject to an existing notice of lis pendens. Respondents allege that the transfer of title should still be rendered null on the grounds of the pending case where the property is the subject matter. Petitioners on the otherhand alleged that they should still be considered as buyers in good faith and that the sale executed by them should be made valid.

 

Issue:

Whether or not respondents Aquino were buyers on good faith even if they bought a property which was a subject of pending litigation.

 

Held:

One who buys land where there is a pending notice of lis pendens cannot invoke the right of a purchaser in good faith; neither can he have acquired better rights than those of his predecessor in interest.

The said portions of land were respectively declared for taxation purposes in the names of the petitioners, and they have been paying the realty taxes due thereon to the government. The possession of the said property was delivered to the petitioners and they have exercised all the rights of ownership over the same. As such registered owners of the respective portions of lot sold to them, the petitioners have acquired real rights over the said property, and they cannot now be deprived of the said property or their rights therein without due notice to them and without affording them the opportunity to be heard in a proper action or suit brought for the purpose. To deprive them of their said property or their rights therein without the required notice and without affording them the opportunity to be heard as what happened in this case, is a clear violation of the Constitutional guaranty that no person shall be deprived of his property without due process of law.

 

 

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