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Toledo-Banaga vs. CA, 302 SCRA 331

BIBLIA TOLEDO-BANAGA and JOVITA TAN, petitioners, vs. COURT OF APPEALS and CANDELARIO DAMALERIO respondents.

G.R. No. 127941 | 1999-01-28

D E C I S I O N
 
AUSTRIA-MARTINEZ, J.:
 
The Court of Appeals (CA), in a decision penned by then Justice Ricardo J. Francisco,[1] categorically declared private respondent as the absolute owner of the land subject of this case. That decision was affirmed by this Court, became final and executory and was remanded to the lower court for execution.  But the Register of Deeds frustrated private respondent’s judicially determined right as it refused to issue Certificates of Title in his name on the ground that the matter should be referred “en consulta” to the Register of Deeds before petitioner’s title...