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SPS. ROBERT DINO v. CA

This case has been cited 1 times or more.

2011-06-06
LEONARDO-DE CASTRO, J.
A similar situation existed in Dino v. Court of Appeals, [46] where we resolved that: As the registered owner of the subject property, petitioners are not bound by decision in Civil Case No. R-18073 for they were never summoned in said case and the notice of lis pendens annotated on TCT No. 73069 was already cancelled at the time petitioners purchased the subject property.  While it is true that petitioners are indispensable parties in Civil Case No. R-18073, without whom no complete relief could be accorded to the private respondents, the fact still remains that petitioners were never actually joined as defendants in said case.  Impleading petitioners as additional defendants only in the execution stage of said case violated petitioners' right to due process as no notice of lis pendens was annotated on the existing certificate of title of said property nor were petitioners given notice of the pending case, therefore petitioners remain strangers in said case and the Order of the trial court involving them is null and void, considering that petitioners are innocent purchasers of the subject property for value. [47]