G.R. No. L-52456 September 6, 1985
ANITA LIM GOSIACO, petitioner-appellee, vs. TIU PO, oppositor-appellant.

FACTS

Lily Lim Tan was the registered owner of a parcel of land in Pasay City. On July 11, 1966, she sold the property to Anita Lim Gosiaco, leading to the cancellation of the original title and the issuance of a new one in Gosiaco’s name. On August 2, 1966, Tiu Po filed a complaint (Civil Case No. 2770-P) against Gosiaco and Tan for the annulment of the sale, alleging it was executed to defraud Po as a creditor of Tan. Simultaneously, Po filed a notice of lis pendens on Gosiaco’s title. The trial court dismissed Civil Case No. 2770-P on September 21, 1966, prompting Po to appeal to the Supreme Court, where it was docketed as G.R. No. L-28905.
While that appeal was pending, Gosiaco filed a petition on March 10, 1970, for the cancellation of the lis pendens annotation, arguing it was registered to molest her and that the underlying action was based on a money claim, not a real right. The trial court initially denied her petition on June 26, 1970, but upon reconsideration, issued an order on December 5, 1970, directing the Register of Deeds to cancel the annotation. The annotation was cancelled on December 8, 1970. On the same date, a deed of absolute sale was registered, showing Gosiaco had sold the property to Juan Pambuan Jr. on December 7, 1970, resulting in the issuance of a new title in his name free from the lis pendens annotation. Po sought reconsideration, which was denied, leading to this appeal.

ISSUE

The core issue is whether the trial court erred in ordering the cancellation of the notice of lis pendens and whether the annotation should be reinstated on the titles held by Gosiaco and subsequently by Pambuan Jr.

RULING

The Supreme Court dismissed the petition as moot and academic. The legal logic is straightforward: the very action upon which the lis pendens was based—Civil Case No. 2770-P, which Po appealed to the Supreme Court as G.R. No. L-28905—had already been finally adjudicated. The Court noted that this case was dismissed by the Supreme Court on July 22, 1975. A notice of lis pendens serves as a warning to prospective purchasers or encumbrancers that a particular property is involved in litigation, and its efficacy is contingent upon the pendency of that action. Once the underlying case is terminated, the rationale for maintaining the annotation ceases to exist. Consequently, Po’s objective to have the lis pendens re-annotated on the old title (TCT No. T-11584) and annotated on the new title (TCT No. 16092) could no longer be granted, as there was no longer any pending litigation to support such an annotation. The Court therefore found no justiciable controversy remaining, rendering the appeal moot.