FIRST DIVISION
[G.R. No. 216510. March 25, 2015.]
MA. LUISA TANGHAL, petitioner, vs.ONG YEE SENG, SPOUSES MARIANO DE JOYA AND JUANITA DE JOYA, RAYMOND WONG, REY KENNETH CHAN, ET AL., respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedMarch 25, 2015which reads as follows:
"G.R. No. 216510 (Ma. Luisa Tanghal v. Ong Yee Seng, Spouses Mariano De Joya and Juanita De Joya, Raymond Wong, Rey Kenneth Chan, et al.). — The petitioner's manifestation, submitting Annex "A" as the alleged proof of service of the copy of the petition to the Court of Appeals is NOTED.
After a judicious perusal of the records, the Court resolves to DENY the instant petition and AFFIRM the August 22, 2014 Decision 1 and January 21, 2015 Resolution 2 of the Court of Appeals (CA) in CA-G.R. CV No. 100688 for failure of Ma. Luisa Tanghal (petitioner) to show that the CA committed any reversible error in finding that she is a mortgagee in bad faith who is bound by the judgment against her predecessor.
Records show that circumstances existed which should have prompted petitioner to discover that a defect in her predecessor's title existed but the former failed to ascertain the same. Hence, the CA found petitioner to be a mortgagee/purchaser in bad faith who stands exactly in the shoes of her transferor and is bound by any judgment rendered for or against the latter. 3 Consequently, petitioner's title, derived from her predecessor's defective title, is subject to the incidents and results arising from the pending litigation of the latter which cannot now be questioned. 4 Moreover, it is settled that the question of whether a person acted in good faith or bad faith in dealing with real property is a question of fact 5 which, as a rule, the Court is proscribed to review unless they fall within the recognized exceptions, 6 none of which are obtaining in this case.
SO ORDERED."
Very truly yours,
(SGD.) EDGAR O. ARICHETADivision Clerk of Court
Footnotes
1.Rollo, pp. 36-50. Penned by Associate Justice Andres B. Reyes, Jr. with Associate Justices Apolinario D. Bruselas, Jr. and Samuel H. Gaerlan, concurring.
2.Id. at 65-66.
3. See The Malayan Bank v. Lagrama, 409 Phil. 493, 504 (2001); citation omitted.
4.Id.; citations omitted.
5. See Heirs of Nicolas S. Cabigas v. Limbaco, G.R. No. 175291, July 27, 2011, 654 SCRA 643, 652.
6. See PNB v. Heirs of Estanislao and Deogracias Militar, 526 Phil. 788, 800 (2006); citations omitted.