confined to cases that involve title to or possession or real property but also applies to suits seeking to establish a right to, or an equitable estate or interest in, specific real property; or to enforce a lien, a charge or an encumbrance against it. 21 Petitioners also contend that their right to due process was violated when the cancellation of the annotation of the notice of lis pendens was ordered ex-parte by the trial court.22 On the other hand, private respondents claim that petitioners, through counsel, were furnished with a copy of the motion for reconsideration on January 29, 2004, but petitioners waived their right to be heard when they failed to file any comment or opposition.23 the cancellation of the notice of lis pendens. There was no hearing upon which could be predicated a "proper showing" that any of the grounds provided by the rules exists. Section 4, Rule 15, 1997 Rules of Civil Procedure 24 explicitly provides that a written motion should be set for hearing and should be served in a manner to ensure its receipt by the other party at least three (3) days before the date of the hearing. The motion for reconsideration dated January 28, 2004was filed by private respondents on January 29, 2004 and was set for hearing on February 5, 2004. On February 5, 2004; the trial court issued the subject Order granting the cancellation of the notice of lis pendens. From January 29, 2004 to February 5, 2004 is only seven (7) calendar days, and it was not shown that the three Section 14, Rule 13, 1997 Rules of Civil (3)-day notice rule was complied with during procedure provides that 21 Atlantic Erectors, Inc. vs. Herbal Cove Realty Corporation, 399 SCRA 409 [2003] 22 p. 25, Rollo. 23 p. 200, ibid. said period. Apropos is Nataño vs. Esteban, 18 SCRA 481 [1966], wherein it was held: For three reasons, the order directing the cancellation of the notice of lis pendens should be set aside: First, it was granted ex-parte. Plaintiffs were thus deprived of their right to be heard on notice. Second, the order dismissing the complaint had not yet become final. That order in effect had placed plaintiffs at a disadvantage. It opened the floodgate to the commission of a fraud. What if, after the cancellation of the notice of lis pendens in the office of the Register of Deeds, defendants should thereafter sell the land to a purchaser in good faith and for value? Third, there is no showing that the notice of lis pendens 'is for the purpose of molesting the adverse party, or that it is not necessary to protect the rights of the party who caused it to be recorded." It must be clarified, however, that whether or not the complaint of petitioners has merit is a different matter, to be determined by 24 SEC. 4. Hearing of motion.-Except for motions which the court may act upon without prejudicing the rights of the adverse party, every written motion shall be set for hearing by the applicant. Every written motion required to be heard and the notice of the hearing thereof shall be served in such a manner as to ensure its receipt by the other party at least three (3) days before date of hearing, unless the court for good cause sets the hearing on shorter notice. the trial court during the trial. The annotation of lis pendens neither affects the merits of the case nor creates a right or a lien. It only protects the petitioners' right which will be determined during trial. 25 WHEREFORE, the trial court's Orders dated February 5, 2004 and October 18, 2004 are set aside only insofar as the cancellation of the notice of lis pendens is concerned. Accordingly, the Register of Deeds of Atimonan, Quezon is hereby ordered to reannotate the notice of lis pendens on the certificates of title subject of Civil Case No. 2827-G of the trial court. SO ORDERED. 25 Viewmaster Construction Corp. vs. Maulit, 326 SCRA 821 [2000] Cruz and Pizarro, JJ., concur. Orders set aside with instruction. CERTIFICATION Pursuant to Article VIII, Section 13 of the Constitution, it is hereby certified that the conclusions in the above decision were reached in consultation before the case was assigned to the writer of the opinion of the Court. (SGD.) EDGARDO P. CRUZ Associate Justice Chairman, Ninth Division MGA ALITUNTUNIN KAGAWARAN, KAWANIHAN AT TANGGAPAN AT MGA KAUTUSANG PAMPANGASIWAAN [DEPARTMENT, BUREAU AND OFFICE ADMINISTRATIVE ORDERS AND MGA PAHAYAG NA LEGAL AT OPISYAL Regional Trial Court [FIRST PUBLICATION] REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION SPECIAL PROCEEDINGS CASE No. 05112985.-In Re: Petition for Naturalization of Sy Santiago Lao. edeb to edmi SY SANTIAGO LAO, Petitioner proper and irreproachable manner since he arrived in the Philippines in his relation with the constituted government as well as with the community in which he is living; he is gainfully employed at Ve Ting Mfg. Corp., located at Valenzuela City and will definitely not be a burden to the Philippine government as well as to the government of China; he is capable of speaking and writing English and Filipino; when his children came of school age, he enrolled them in private schools recognized by the Department of Education, Culture and Sports where Philippine history, government and civics are taught or prescribed as part of the school curriculum; he have mingled socially with Filipinos and have evinces a sincere desire to learn and embrace the customs, tradition and ideals of the Filipino people; he has all the qualifications required under Section 2 and none of the disqualifications provided under Section 4 of the Commonwealth Act 473, as amended; he is not opposed to organized governments; or affiliated with any association or group of persons who uphold and teach doctrines opposing all organized government; he is not defending or teaching the necessity or propriety of violence, personal assault or assassination for the success and predominance of men's ideas; he is not polygamist or a believer of the practice of polygamy; he has never been involved in any crime or convicted of any crime involving moral turpitude; he is of sound mind and he is not suffering from any incurable contagious diseases or from mental alienation; he is not a citizen or subject of a foreign country whose laws do not grant Filipinos the right to become naturalized citizens or subject thereof; that his intention in good faith to become a citizen of the Philippines and to renounce principles underlying the Philippine absolutely and forever all allegiance and fidelity to any foreign prince, potentate, state AMENDED ORDER The verified Second Amended Petition for Naturalization of Sy Santiago Lao who alleged to have been born in JinJiang, Fujian, China on September 7, 1948 and residing at Room 201 Vicenta Bldg. 330 Nueva street, Binondo, Manila, states among others that: he is married to Lily Tan; they have four (4) children to wit: a. Frederick Tan (deceased), b. Stevenson Tan, Age-34, born on 02 April 1976 in Manila; and C. Stephanie Jane Tan, Age 19, born on 27 December 1991 in Manila and Stephen Joshua Tan, Age-18, born on 20 October 1992 in Manila; he is a resident of the Philippines for a continuous period of at least forty-five (45) years since he arrived on 19 June 1965; he is a person of good moral character and believes in the Constitution; he has conducted himself in a or sovereignty and particularly to China of which at present he is a citizen or subject; he undertakes that he will reside continuously in the Philippines from the time of the filling of this petition up to the time of his admission as citizen of the Philippines; and will present his character witnesses SPO1 Cesar Mendoza Bisda, Francis Ong and Zenaida Alejandro, being sufficient in form and substance, let the same be set for hearing on 17 February 2012 at 2:00 p.m. All persons interested with the said petition may appear at the aforesaid date of hearing and show cause, if any why this petition should not be granted. The Branch Clerk of Court is hereby directed at the expense of the petitioner to cause the publication of this Order once a week for three (3) consecutive week, prior to the date of hearing, in the Official Gazette and in a known newspaper of general circulation, (to be chosen by the raffle panel of this Court), the last publication to be at least six (6) months before the aforementioned date of hearing. Consequently, let the copy of this Order be furnished to the Office of the Clerk of Court for raffling relative to the publication. Let copy of this Order, together with a copy of the petition, be served upon the Solicitor General of the Philippines. Likewise let copies of this Order be posted at the main entrance of the Manila City Hall and at the bulletin board of this Branch. SO ORDERED. Given this 21st day of June 2011 in the City of Manila, Philippines. (Sgd.) DINNAH C. AGUILA-TOPACIO [31-33] Judge SECOND AMENDED PETITION FOR NATURALIZATION COMES NOW PETITIONER, represented by the undersigned Law Offices, unto this Honorable Court, most respectfully avers: That • Petitioner has all the qualifications to become a naturalized Filipino citizen. 1. Petitioner Sy Santiago Lao (a.k.a Santy Sy) is Chinese, 62 years old, married to Lily Tan, (62 years old, Filipina and born in Manila) and presently resides at Room 201 Vicenta Building, 330 Nueva Street, Binondo, Manila. He was born on 07 September 1948 in Jinjiang, Fujian, China to his parents, Sy Ho and Lao Xi An. 2. Petitioner is a holder of Alien Certificate of Registration No. E111910 and Immigrant Certificate of Residence No. 311516 both issued on 25 February 1997 in Manila. 3. Petitioner is a resident of the Philippines for a continuous period of at least forty-five (45) years since he arrived on 19 June 1965. In all candidness, he does not recall the port of debarkation and the ship that took him here in the Philippines. 4. During his residency here for the last four and a half decades, petitioner resided at the following addresses, save the last one which is his present address, viz: (a) P. Gregorio Street, Lingunan, Valenzuela; (b) 199-1 D. Tuazon Street, Quezon City; (c) 215-D D. Tuazon Street, Quezon City; (d) 1885 Apitong Street, Sta. Cruz, Manila; (e) Room 201 Vicenta Building, 330 Nueva Street, Binondo, Manila. 5. Petitioner's marriage with Lily Tan is blessed with four (4) children, namely; (a) Frederick Tan (deceased), (b) Stevenson Tan, age 34, born on 02 April 1976 in Manila; (c) Stephanie Jane Tan, age 19, born on 27 December 1991 in Manila; and (d) Stephen Joshua Tan, age 18, born on 20 October 1992 in Manila. Petitioner's wife and surviving children lives with him at his current address. 6. Petitioner is a man of good moral character and believes in the principles underlying the Philippine Constitution and have conducted himself in a proper and irreproachable manner since he arrived here |