Quiz No.

9 Pointers
1. A notice of levy and subsequent sale of the subject property could not
prevail over an existing adverse claim earlier inscribed on the certificate of
title covering said property.
Case: Ching v. Enrile - a notice of adverse claim remains valid even after the
lapse of the 30-day period as provided in Section 70 of PD 1529. As long as
there is yet no petition for its cancellation, the notice of adverse claim
remains subsisting.
2. A. Section 76 of P.D. 1529
Notice of lis pendens an announcement to the whole world that a particular
real property is in litigation. The inscription serves as a warning that one
who acquires an interest over litigated property does so at his own risk, or
that he gambles on the result of the litigation over the property.
B. As settled, lis pendens may be annotated only where there is an action or
proceeding in court which affects the title to, or possession of, real property,
also with the use or occupation of a property. The litigation must directly
involve a specific property which is necessarily affected by the judgment.
As clearly provided by Section 51 of Presidential Decree 1529, no deed,
mortgage, lease or other voluntary instrument, except a will purporting to
convey or affect registered land shall take effect as a conveyance or bind the
land, until the same has been registered in the office of the Register of
Deeds. It shall operate only as a contract between the parties and as evidence
of authority to the Register of Deeds to effect registration. The act of
registration shall be the operative act to convey or affect the land insofar as
third persons are concerned. (Ching vs. Enrile)
3. A notice of adverse claim remains valid even after the lapse of the 30-day
period. As long as there is yet no petition for its cancellation, the notice of
adverse claim remains subsisting.
4. The doctrine of lis pendens has no application when proceedings in which the
only object is the recovery of a money judgment. As settled, lis pendens may
be annotated only where there is an action or proceeding in court which
affects the title to, or possession of, real property, also with the use or
occupation of a property.
5. One who deals with property subject of a notice of lis pendens cannot
invoke the right of a purchaser in good faith neither can he acquire better
rights than those of his predecessors-in-interest. Third persons should not be
satisfied with merely examining the owners copy of the certificate of title.
They should examine the original on file with the Register of Deeds for they

are all constructively notified of pending litigations involving real property

through notices of lis pendens annotated therein.
A transferee pendent lite stands exactly in the shoes of the transferor and is
bound by any judgment or decree which may be rendered for or against the
latter.
Where the notice of lis pendens is inscribed long after the title had become
indefeasible, the inscription becomes irrelevant.