REGISTRATION OF LIS PENDENS

REGISTRATION OF LIS PENDENS

PURPOSE: keep subject matter within the power of the court until the entry of final judgment --- therefore creates merely a contingency & not a lien

EFFECT OF REGISTRATION:
1. Impossibility of alienating the property in dispute during the pendency of the suit – may be alienated but purchaser is subject to final outcome of pending suit

2. ROD duty bound to carry over notice of lis pendens on all new titles to be issued

CANCELLATION OF LIS PENDENS:
1. Before final judgment – court may order cancellation after showing that notice is only for purpose of molesting an adverse party or it is not necessary to protect rights of party who caused it to be registered

2. ROD may also cancel by verified petition of party who caused such registration

3. Deemed cancelled when certificate of clerk of court stating manner of disposal of proceeding is registered

NOTICE OF LIS PENDENS IS AN INVOLUNTARY TRANSACTION
• Sufficient that there is entry in day book

OTHER PARTIES WHO NEED TO REGISTER:

1. ASSIGNEE IN INVOLUNTARY PROCEEDING FOR INSOLVENCY

• Duty of the officer serving notice to file copy of notice to ROD where the property of debtor lies
• Assignee elected or appointed by court shall be entitled to entry of new certificate of registered land upon presentment of copy of assignment with bankrupt’s certificate of title (duplicate)

• New certificate shall not state that it is entered to him as assignee or trustee in insolvency proceedings

JUDGMENT/ORDER VACATING INSOLVENCY PROCEEDINGS
• Order shall also be registered

• Surrender title issued in name of assignee & debtor shall be entitled to entry of new certificate

2. GOVERNMENT IN EMINENT DOMAIN
• Copy of judgment file in ROD which states description of property, certificate number, interest expropriated, nature of public use

• Memorandum shall be made or new certificate of title shall be issued

hello everyone. Im newbee here, being so i dunno if im in the right tract to post my query on lis pendens. Hereunder is my Q.

In a petition for cancellation of notice of lis pendens, aside from the register of deeds, kailangan bang i-implead as respondent yung taong nag file ng notice of lis pendens? what if kung walang pending na kaso sa real property involved sa notice of lis pendens, saan mo i-file ang petition? on what court? thanks po..