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Daniel Villaueva vs CA, Land Registration Authority & OO Kian Tiok

DANIEL C. VILLANUEVA, petitioner, vs. COURT OF APPEALS, LAND REGISTRATION AUTHORITY and OO KIAN TIOK, respondents.

G.R. No. 117108 | 1997-11-05

D E C I S I O N

PANGANIBAN, J:

May the Register of Deeds refuse to register an application for a notice of lis pendens on the ground that the applicant does not have any title or right of possession over the subject properties?

The Case

Petitioner seeks reversal of the Decision 1 of Respondent Court of Appeals 2 promulgated on August 31, 1994 in CA-G.R. SP No. 34449, which answered the foregoing question in the affirmative:

"In view of the foregoing, the Lis Pendens in question is not registrable since it seeks to affect property not belonging to the defendant [petitioner herein], and the action of the Register of Deeds in denying the...