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PINEDA v. ARCALAS

FACTS:

The case involves a property dispute over three parcels of land. Victoria Tolentino purchased the property from the spouses Lateo. Subsequently, a civil case for a sum of money was filed against Tolentino by Arcalas. The Quezon City RTC ruled in favor of Arcalas, and a Notice of Levy on Alias Writ of Execution was recorded on the property.

Later on, Pineda bought the property from Victoria Tolentino, but failed to register it in her own name. Pineda then filed an Affidavit of Title and Third Party Claim, but the Quezon City RTC set it aside. Pineda attempted to resolve the matter by filing another Affidavit of Third Party Claim and annotating a notice of adverse claim on the property.

In the course of these events, Arcalas and Perez purchased the property through an auction sale conducted by the Deputy Sheriff of Quezon City. Subsequently, Arcalas filed a legal action seeking the cancellation of Pineda's adverse claim. The Laguna RTC granted Arcalas' petition, citing the principle of res judicata.

Pineda then appealed the decision to the Court of Appeals, but her appeal was dismissed for failure to file an appellant's brief. A subsequent motion for reconsideration filed by Pineda was denied. Consequently, Pineda filed a petition with the Supreme Court seeking relief in the case.

ISSUES:

  1. Whether the appellant's failure to serve and file the required number of copies of his brief within the prescribed time warrants the dismissal of the appeal.

  2. Whether the appellant provided a proper justification for her failure to file the appellant's brief.

  3. Whether the unregistered deed of sale between Victoria Tolentino and Pineda is valid and binding against third persons.

  4. Whether Arcalas's registered lien takes preference over Pineda's unregistered sale.

RULING:

  1. Yes, the appellant's failure to serve and file the required number of copies of his brief within the prescribed time warrants the dismissal of the appeal. The appellant's brief is mandatory and its purpose is vital to the decision of the appeal on the merits. Only errors specifically assigned and properly argued in the brief will be considered, except those affecting jurisdiction over the subject matter as well as plain and clerical errors. Failure to comply with the requirement of filing an appellant's brief may result in the dismissal of the appeal.

  2. No, the appellant did not provide a proper justification for her failure to file the appellant's brief. Alleging that it was merely overlooked by her counsel does not excuse her failure to comply with the requirement. She did not make any attempt to file her appellant's brief or provide any convincing argument to establish her right to the subject property.

  3. The unregistered deed of sale between Victoria Tolentino and Pineda is not valid and binding against third persons. Under Section 50 of Presidential Decree No. 1529, the act of registration is the operative act to convey or affect the land insofar as third persons are concerned. Without registration, the deed of sale operates merely as a contract between the parties and may only be enforceable against Victoria Tolentino through a separate action.

  4. Arcalas's registered lien takes preference over Pineda's unregistered sale. A registered lien, like the attachment in favor of Arcalas, is entitled to preferential consideration. In Valdevieso v. Damalerio, the Supreme Court held that a registered writ of attachment is a superior lien over an unregistered deed of sale. The effect of Arcalas's registered lien was to subordinate Pineda's right of ownership and give preference to Arcalas's claim.

PRINCIPLES:

  • An appealing party must strictly comply with the requisites laid down in the Rules of Court since the right to appeal is a purely statutory right.

  • The liberal application of rules of procedure may not be invoked if it will result in the wanton disregard of the rules or cause needless delay in the administration of justice.

  • Once a judgment has become final, the winning party must not be deprived of the fruits of the verdict, through a mere subterfuge.

  • The negligence or mistake of counsel binds the client, unless the counsel's negligence is so gross that a party is deprived of due process and loses life, honor, or property on mere technicalities.

  • A deed, mortgage, lease, or other voluntary instrument, except a will purporting to convey or affect registered land, shall operate only as a contract between the parties and as evidence of authority to the Register of Deeds to make registration. Registration is the operative act to convey or affect the land.

  • The act of registration is the operative act to convey or affect the land insofar as third persons are concerned. Without registration, a deed of sale operates merely as a contract between the parties and may only be enforceable against the seller.

  • A registered lien takes preference over an unregistered sale. A registered lien is entitled to preferential consideration in accordance with the principle that an attachment is a proceeding in rem, enforceable against the whole world. The attached property is deemed condemned to pay the owner's debt, and the lien continues until the debt is paid, the property is sold under execution, or the attachment is dissolved or discharged.