GR 81541; (October, 1989) (Digest)
G.R. No. 81541 October 4, 1989
PEOPLE OF THE PHILIPPINES, petitioner, vs. THE REGIONAL TRIAL COURT OF MANILA, Presided by HON. JUDGE RICARTE M. TOGONON and APOLINARIO BATACLAN, et al., respondents.
FACTS
The private respondents, the Bataclans, sold parcels of land to Ricardo Silverio. The Deed of Sale contained a warranty that the properties were “free from all liens and encumbrances whatsoever.” Unbeknownst to the Bataclans, a notice of lis pendens had been annotated on the original copy of one title, TCT No. T-110942, on file with the Register of Deeds of Cavite, due to a pending civil case for reconveyance filed by Pedro Caragao. The Bataclans’ owner’s duplicate copy of the title was clean, bearing no such annotation. Based on this discrepancy, an Information for Falsification of Public Document was filed against the Bataclans, alleging they falsely warranted the property was free of liens despite the annotated notice of lis pendens.
Before arraignment, the Bataclans moved to quash the Information, arguing the facts charged did not constitute an offense. They contended a notice of lis pendens is not a lien or encumbrance. The Regional Trial Court of Manila, Branch 22, granted the motion and dismissed the case, ruling that a lis pendens is merely a cautionary notice and not a lien. The prosecution’s motion for reconsideration was denied, prompting this petition for review on certiorari.
ISSUE
Whether a notice of lis pendens constitutes a “lien or encumbrance” such that a warranty in a deed of sale stating the property is free from all liens and encumbrances, when a lis pendens is annotated, amounts to falsification of a public document.
RULING
The Supreme Court dismissed the petition and affirmed the trial court’s orders. The Court held that a notice of lis pendens is not a lien or encumbrance within the legal or ordinary meaning of the terms. A lis pendens is strictly a notice in rem that a particular property is involved in litigation; it is a caveat to prospective purchasers that any interest they acquire may be subject to the outcome of the suit. It does not create a right or charge upon the property itself. In contrast, a lien is a legal claim or charge on property as security for a debt or obligation, while an encumbrance is a right or interest in land that diminishes its value, such as a mortgage or easement.
The Court emphasized that the pending litigation itself does not establish a lien, as the claims of the parties are yet undetermined. A lien only arises from a final judgment. The Bataclans’ warranty referred to the absence of monetary charges or security interests on the property. Since a lis pendens is neither, their statement in the deed was not false. Therefore, the essential element of falsity for the crime of falsification was absent. The facts alleged in the Information did not constitute an offense, justifying the quashal. The Court found no reversible error in the trial court’s ruling.