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MARASIGAN V.

INTERMEDIATE APPELLATE COURT


G.R. No. L – 69303 July 23, 1987

FACTS: A deed of absolute sale was executed twice by Fe Bazar in favor of Maria
Marasigan in the year 1974 and to Maria Marron in 1975 for a residential lot covered
by TCT No. 100612. It was Maria Marron caused the annotation of notice of lis pendens
at the back of TCT No. 100612 in the year 1976. In 1977, when Marasigan had the title
registered, the Register of Deeds of Manila issued a TCT naming Maria Marasigan as
the new owner, the notice of lis pendens caused to be annotated by Marron on the
Bazar’s title was carried over on the said new title.

ISSUE: Who between Maria Marron and Maria Marasigan has better right over the
subject lot?

RULING: The court ruled in favor of the party who had the notice annotated and who
won the litigation over the property. Hence, court ruled that Maria Marron has the better
right over the subject property.
It was shown that although Marasigan acquired the property in question in 1974.
However, the transaction between Marasigan and spouses Bazaar became effective as
against third persons in 1977, when it was registered with the Register of Deeds of
Manila. It is the act of registration that conveys or affects the land, and binds third
persons. Thus, there is no question that when the RoD issued the new certificate of title
to Marasigan, the notice of lis pendens was carried over to such title. A notice of lis
pendens "means that a certain property is involved in a litigation and serves as a notice
to the whole world that one who buys the same does it at his own risk. Thus it was a
clear notice to Marasigan that there was a court case affecting her rights to the property
she purchased.

C2F192Salo

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