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METROPOLITAN BANK, & TRUST COMPANY vs. Hon. FLORO T. ALEJO, in His Capacity as Presiding Judge of Branch 172 of the Regional Trial Court of Valenzuela; and SY TAN SE, represented by his Attorney-in-Fact, SIAN SUAT NGO

METROPOLITAN BANK, & TRUST COMPANY, petitioner, vs. Hon. FLORO T. ALEJO, in His Capacity as Presiding Judge of Branch 172 of the Regional Trial Court of Valenzuela; and SY TAN SE, represented by his Attorney-in-Fact, SIAN SUAT NGO, respondents.

G.R. No. 141970 | 2001-09-10

D E C I S I O N

PANGANIBAN, J.:

In a suit to nullify an existing Torrens Certificate of Title (TCT) in which a real estate mortgage is annotated, the mortgagee is an indispensable party. In such suit, a decision canceling the TCT and the mortgage annotation is subject to a petition for annulment of judgment, because the non-joinder of the mortgagee deprived the court of jurisdiction to pass upon the controversy.

The Case

Before this Court is a Petition for Review on Certiorari[1] under Rule 45 of the Rules of Court, assailing the March 25, 1999 Resolution of the Court of Appeals (CA) in CA-GR SP No. 50638, which states in full:

"This...