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VIEWMASTER CONSTRUCTION CORPORATION v. MAULIT

This case involved a dispute over a joint venture project for land development between Viewmaster Construction Corporation and State Investment Trust. Viewmaster filed a complaint for specific performance and a notice of lis pendens regarding the property. The notice and complaint were denied by the Land Registration Authority for insufficient description of the property. The Court of Appeals affirmed this decision. However, the Supreme Court ruled that while the property was not fully described in the notice, attaching the title sufficiently identified it. The Court also found that a notice of lis pendens can be allowed for cases involving the use or occupation of a property, not just title or possession. The registration of the lis pendens was ordered.

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188 views

VIEWMASTER CONSTRUCTION CORPORATION v. MAULIT

This case involved a dispute over a joint venture project for land development between Viewmaster Construction Corporation and State Investment Trust. Viewmaster filed a complaint for specific performance and a notice of lis pendens regarding the property. The notice and complaint were denied by the Land Registration Authority for insufficient description of the property. The Court of Appeals affirmed this decision. However, the Supreme Court ruled that while the property was not fully described in the notice, attaching the title sufficiently identified it. The Court also found that a notice of lis pendens can be allowed for cases involving the use or occupation of a property, not just title or possession. The registration of the lis pendens was ordered.

Uploaded by

rhodz 88
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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VIEWMASTER CONSTRUCTION CORPORATION v.

MAULIT (LRA Administrator)


GR No. 136283
February 29, 2000

DOCTRINE:

A notice of lis pendens may be registered when an action or a proceeding directly affects the title to the land or the
buildings thereon; or the possession, the use or the occupation thereof. Hence, the registration of such notice
should be allowed if the litigation involves the enforcement of an agreement for the co-development of a parcel of land.

FACTS:

Peltan Development Inc owns the Las Piñas property.

Chiong/ Roxas family owns State Investment Trust, major shareholder of various corps.

Bidding conducted. Whoever acquires 51% of the companies shall be deemed owner.

Defendant Roxas, a stockholder, in order to participate in the bidding applied for a loan.

Loan was granted w/o collateral.

To secure payment, viewmaster acted as guarantor in consideration of a Joint Venture Project between
viewmaster and State Investment Trust.

Eventually, Defendant Roxas became the controlling stockholder of State Investment Trust.

But 2 years has lapsed, still no implementation of the joint venture project.

Viewmaster demanded but to no avail. Hence, it filed complaint for specific performance in RTC (Civil Case # 65277).

Viewmaster also filed a notice of lis pendens with RD.

But RD denied because the request did not contain an adequate description of land and the action is only incidental.

LRA affirmed RD.

CA affirmed LRA.

ISSUES & RULING:

WON the petitioner failed to adequately describe the subject property in its complaint and in the notice
of  lis pendens.

NO. While the petitioner failed to adequately describe the subject property in the notice of lis pendens, a copy of the TCT
was attached, hence, taken as whole, leaves no doubt as to the identity of the property. Purpose of technical description
is to ensure that the same can be distinguished and readily identified. There was substantial compliance.

WON the notice of lis pendens may involve actions that deal not only with the title/possession of a
property, but even with the use/occupation.

YES.

PD 1529, Sec. 76. Notice of lis pendens. — No action to recover possession of real estate, or to quiet title
thereto, or to remove clouds upon the title thereof, or for partition, or other proceedings of any kind in
court directly affecting the title to land or the use or occupation thereof or the buildings thereon , and no
judgment, and no proceeding to vacate or reverse any judgment, shall have any effect upon registered x
xx

PETITION IS GRANTED. CA IS REVERSED. RD IS DIRECTED TO ANNOTATE THE LIS PENDENS.

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