Gonzales vs Marmaine

SPOUSES RAMO RAMON N and LIGA LIGAY YA GONZAL ZALES vs. CORPORATION, CORPORATION, represented by MARIANO M ARIANO MANALO

MAR MARMAI MAINE

REAL EALTY

REMEDIAL LA

PERTINENT PRO!ISION"S O# T$E LA Se%t&'n (, R)*e +. This +.  This Rule shall apply to appeals from judgments or final orders of the Court of Tax Tax Appeals Appeals and from awards, judgments, final orders or resolutions resolutions of or authorized by any quasi-judicial agency in the exercise of its quasi-judicial functions Among these agencies are the Ci!il "er!ice Commission, Central #oard of Assessment Assessment Appeals, "ecurities and $xchange Commission, %ffice of the &resident, 'and Registration Authority, "ocial "ecurity Commission, Ci!il Aeronautics #oard, #ureau of &atents, Trademar(s Trademar(s and Technology Technology Transfer, Transfer, )ational $lectr $lectrifi ificat cation ion Admin Administ istrat ration ion,, $nerg $nergy y Regul Regulat atory ory #oard #oard,, )atio )ationa nall Telecomm lecommun unica icatio tions ns Commissio Commission, n, *epartme *epartment nt of Agraria Agrarian n Reform Reform under under Republic Republic Act )o ++, ++, .o!ernm .o!ernment ent "er!ice "er!ice /nsuranc /nsurance e "ystem, "ystem, $mploye $mployees es Compensa Compensation tion Commissio Commission, n, Agricu Agricultura lturall /n!entio /n!ention n #oard, /nsurance Commission, &hilippine Atomic $nergy Commission, #oard of /n!estments, Construction /ndustry Arbitration Commission, and !oluntary arbitrators authorized by law Se%t&'n , R)*e +. An +.  An appeal under this Rule may be ta(en to the Court of Appeals Appeals within the period and in the manner herein pro!ided, whether the appeal in!ol!es questions of fact, of law, or mixed questions of fact and law Se%t&'n (+, R)*e (. /n an action affecting the title or the right of possession of real property, the plaintiff and the defendant, when affirmati!e relief is claimed in his answer, may record in the office of the registry of deeds of the pro!ince in which the property is situated notice of the pendency pendency of the action "aid notice shall contain the names of the parties and the object of the action or defense, and a description description of the property in that pro!ince affected thereby thereby %nly from the time of filing such notice for record shall a purchaser, or encumbrancer of the property affected thereby, be deemed to ha!e constructi!e notice of the pendency of the action, and only of its pendency against the parties designated by their real names The notice of lis pendens hereinabo!e mentioned may be cancelled only upon order of the court, after proper showing that the notice is for the purpose of molesting the ad!erse party, or  that it is not necessary to protect the rights of the rights of the party who caused it to be recorded

S$ORT SUMMARY"-ACGROUND O# T$E CASE The petitioner spouses filed a Tenancy Case before the *ARA# &ARA* later dismiss the case for lac( of merit The spouses appealed to the *ARA# but the latter affirmed &ARA*0s decision The spouses mo!ed to reconsider the same but denied The *ARA# *ecision then became final and executory and an $ntry of 1udgment was issued

/n !iew of this, 2armaine Realty mo!ed for the Cancellation of )otice of 'is &endens "pouses mo!ed for reconsideration, which was denied and so compelling the spouses to file a &etition for Re!iew under Rule 34 before the CA The CA dismissed for non-exhaustion of  administrati!e remedies, pointing out that the proper remedy from the &ARA*0s denial of the 2R is an appeal to the *ARA# and not a &etition for Re!iew under Rule 34

E/$AUSTION O# ADMINISTRATI!E REMEDIES0 E/CEPTION. The doctrine of exhaustion of administrati!e remedies is a cornerstone of our judicial system The thrust of the rule is that courts must allow administrati!e agencies to carry out their  functions and discharge their responsibilities within the specialized areas of their respecti!e competence The rationale for this doctrine is ob!ious /t entails lesser expenses and pro!ides for the speedier resolution of contro!ersies Comity and con!enience also impel courts of justice to shy away from a dispute until the system of administrati!e redress has been completed /n !iew of this doctrine, jurisprudence instructs that before a party is allowed to see( the inter!ention of the courts, it is a pre-condition that he a!ail himself of all administrati!e processes afforded him 5ence, if a remedy within the administrati!e machinery can be resorted to by gi!ing the administrati!e officer e!ery opportunity to decide on a matter that comes within his jurisdiction, then such remedy must be exhausted first before the court0s power of judicial re!iew can be sought The premature resort to the court is fatal to one0s cause of action  Accordingly, absent any finding of wai!er or estoppel, the case may be dismissed for  lac( of cause of action 5owe!er, it must be clarified that the aforementioned doctrine is not absolute as it is subject to certain exceptions6 one of which is when the question in!ol!ed is purely legal and will ultimately ha!e to be decided by the courts of justice "aid question at best could be resol!ed tentati!ely by the administrati!e authorities The final decision on the matter rests not with them but with the courts of justice $xhaustion of  administrati!e remedies does not apply, because nothing of an administrati!e nature is to be or  can be done The issue does not require technical (nowledge and experience but one that would in!ol!e the interpretation and application of law /n the case at bar, "ps .onzales correctly pointed out that the issue they raised before the CA, ie, the propriety of the cancellation of the )otice of 'is &endens, falls within the aforesaid exception as the same is a purely legal question, considering that the resolution of the same would not in!ol!e an examination of the probati!e !alue presented by the litigants and must rest solely on what the law pro!ides on the gi!en set of circumstances

LIS PENDENS0 DE#INITION0 TO1#OLD E##ECT. 7'is pendens,7 which literally means pending suit, refers tothe jurisdiction, power or  control which a court acquires o!er a property in!ol!ed in a suit, pending the continuance of the action, and until final judgment

The filing of a notice of lis pendens has a two-fold effect8 9a: to (eep the subject matter  of the litigation within the power of the court until the entry of the final judgment to pre!ent the defeat of the final judgment by successi!e alienations6 and 9b: to bind a purchaser, bona fide or  not, of the land subject of the litigation to the judgment or decree that the court will promulgate subsequently

CANCELLATION O# NOTICE O# LIS PENDENS0 $EN. ;nder "ection