Legal Bases

The pertinent provisions on notice lis pendens are found in Section 76 of P.D. No. 1529 and
Section 14, Rule 13 of the Rules of Court (formerly numbered as Section 24, Rule 14) , they are as
follows:
A. Section 76. Notice of lis pendens.- No action to recover possession of real estate, or to quiet title
thereto, or to remove clouds upon the title thereof, or for partition, or other proceedings of any kind in
court directly affecting the title to land or the use or occupation thereof or the buildings thereon, and
no judgment, and no proceeding to vacate or reverse any judgment, shall have any effect upon
registered land as against persons other than the parties thereto, unless a memorandum or notice
stating the institution of such action or proceeding and the court wherein the same is pending, as well
as the date of the institution thereof, together with a reference to the number of the certificate of title,
and an adequate description of the land affected and the registered owner thereof, shall have been
filed and registered.
B. Section 14. Notice of lis pendens. In an action affecting the title or the right of possession of
real property, the plaintiff and the defendant, when affirmative relief is claimed in his answer, may
record in the office of the registry of deeds of the province in which the property is situated notice of
the pendency of the action. Said notice shall contain the names of the parties and the object of the
action or defense, and a description of the property in that province affected thereby. Only from the
time of filing such notice for record shall a purchaser, or encumbrancer of the property affected
thereby, be deemed to have constructive 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 hereinabove mentioned may be cancelled only upon order of the court, after
proper showing that the notice is for the purpose of molesting the adverse party, or that it is not
necessary to protect the rights of the rights of the party who caused it to be recorded. (24a, R-14)
Lis Pendens/ Notice of Lis Pendens
Lis pendens is that legal process in a suit regarding land which amounts to a legal notice to all the
world that there is a dispute as to the title of the same. 1 Likewise, it literally means a pending suit or a
pending litigation.2
As held in Baranda , et al. vs. Gustilo, G.R. No. 81163, September 26, 1988, it is an
announcement to the whole world that a particular real property is in litigation, serving as a warning
that one who acquires an interest over the said property does so at his own risk, or that he gambles
on the results of the litigation over the said property. 3 It is but a signal to the intending buyer or
mortgagee to take care or beware and to investigate the prospect or non-prospect of the litigation
succeeding before he forks down his money.4
Nature of Lis Pendens
The doctrine of lis pendens refers to the jurisdiction, power or control which a court acquires over
property involved in a suit, pending the continuance of the action, and until final judgment. Said notice
may involve actions that deal not only with title or possession of a property, but also with the use or
occupation of the property. The litigation must directly involve a specific property which is necessarily
affected by the judgment.5

1 A.Noblejas & E. Noblejas, Registration of Land Titles and Deeds 430 (2007)
2 Ibid.
3 Id at 431
4 Ibid.
1

Once a notice of lis pendens has been duly registered, any cancellation or issuance of title over
the land involved as well as any subsequent transaction affecting the same would have to be subject
to the outcome of the suit. If a buyer disregards the inscriptions and pursuing the registration of the
sale, he assumes the risk of losing the property.6

Purpose
In Saint Mary of the Woods School, Inc. v. Office of the Registry of Deeds of Makati City, G.R.
No. 174290, January 20, 2009 the court enunciated the purpose/intention of said notice;
1) to keep the properties in litigation within the power of the court until the litigation is
terminated and to prevent the defeat of the judgment or decree by subsequent alienation;
and (2) to announce to the whole world that a particular property is in litigation and serves
as a warning that one who acquires an interest over said property does so at his own
risk, or that he gambles on the result of the litigation over said property.

Similarly, in People vs. RTC of Manila, 178 SCRA 299, 1989 the said that the doctrine being
founded upon reason of public policy and necessity, the purpose of which is to keep the subject
matter of the litigiation within the power of the Court until the judgment or decree shall have been
entered; otherwise, by successive alienations pending the litigation, its judgment or decree shall be
rendered abortive and impossible of execution.

With respect to second purpose enumerated above, the Court in Jose vs. Blue, 42 SCRA 351
1971 stressed that if a buyer purchases the land in question with knowledge of existing
encumberances thereon, she cannot invoke the right of a purchaser in good faith and could have not
acquire a better right then those of her predecessor in interest.

Without a notice, a third party who acquires the property after relying only on the certificate of
title is a purchaser in good faith. Against such third party, the supposed rights of a litigant cannot
prevail, because the former is not bound by the property owners undertakings not annotated in the
transfer certificate of title (Lopes vs. Enriquez, 449 SCRA 173 [2005], Romero vs CA, 458 SCRA 483
[2005])
Furthermore, once a notice of lis pendens is duly recorded, and remains uncancelled, a person
could rest secure that he would not lose the property or any part of it during litigation.

Effects
a) Keeps the subject matter of litigation within the power of the court until the entry of the final
judgment so as to prevent the defeat of the latter by successive alienations
5 O. Agcaoili, Property Registration Decree and Related Laws (Land Titles and Deeds) 588-589
(2011)
6 Id. at 589
2

b) Binds a purchaser of the land subject to the litigation to the judgment or decree that will be
promulgated thereon whether such a purchaser is a bona fide purchaser or not;but
c) Does not create a non-existent right or lien.
In connection with C, it is a mere cautionary notice or warning to prospective buyers of certain
property that said property is under litigation , and that any sale made thereof shall be subject to the
result of such litigation. It imposes no obligation on the owner, but on the prospective buyer. While,
lien is a qualified right or a proprietary interest, which may be exercised over the property of another
such as a collateral or security of some debt or obligation, that is an already existing burden or charge
on the property; similarly, encumberance is a burden upon land, depreciative of its value such as a
easement or servitude, which though adverse to the interest of the landowner, does not conflict with
his conveyance of the land in fee. 7

Annotation and Effectivity

The registration of a notice of lis pendens is governed by Section 14, Rule 13 of the Rules of
Court, to annotate a notice of lis pendens, the following elements must be present:
a) The property must be of such character as to be subject to the rule;
b) The court must have jurisdiction both over the person and the res; and
c) The property or res involved must be sufficiently described in the pleadings.
In Villanueva v. Court of Appeals, G.R. Np. 117108, Nov. 5, 1997 281 SCRA 298, the Court
pronounced that although it is not necessary for the applicant to prove his ownership or interest over
the property sought to be affected by the lis pendens, the applicant must, in the complaint or answer
filed in the subject litigation, assert a claim of possession or title over the subject property in order to
give due course to his application.8
To constitute a constructive notice and affect the right of a purchaser and other persons
dealing with the same property, it is sufficient that the notice be annotated on the back of the original
copy of the certificate of title on file with the Register of Deeds. It is not required that said annotation
be also inscribed upon the owners copy as it is usually unavailable to the registrant; it is normally in
the hands of a stranger to the suit. 9
The filing of the notice of lis pendens in the office of the Registrar of Deeds and the notation
thereof on the book of the corresponding original certificates of title is what constitutes a constructive
notice to any purchaser or vendee of a lien upon the real property in litigation as to the parties litigant.
When the adverse right fails in such litigation, the lis pendens loses its efficacy.
Notice of lis pendens negates good faith
The Court held in Yu v. Court of Appeals, G.R. No. 109078, Dec. 26, 1995, 251 SCRA 509,
one who deals with property subject of such notice cannot invoke the right of a purchaser in good
faith- neither can he acquire better rights than those of his predecessor-in-interest. Third persons
should not be satisfied with merely examining the owners copy of the certificate of title, they should
also examine the original on file with the RD for they are all constructively notified of pending
litigations involving real property through notices of lis pendens annotated therein. 10
Persons who may file
In Villanueva v. Court of Appeals, G.R. Np. 117108, Nov. 5, 1997 281 SCRA 298, persons who
may file a notice of lis pendens were enumerated and they are the following:
7 Id. at 593
8 Id. at 590
9 Id. at 592
10 Id. at 592-593
3

a) The plaintiff, at the time of the filing of the complaint

b) The defendant, at the time of the filing of his answer (affirmative is claimed in such answer), or
at any time afterwards.
When appropriate
It may involve actions that deal not only with title or possession of a property, but also with the
use or occupation of a property. The litigation must directly involve a specific property which is
necessarily affected by the judgment. It has no application to, a proceeding in which the only object
sought is the recovery of money judgment. 11
Notice of lis pendens is appropriate in the following cases/actions:
a)
b)
c)
d)
e)

recover possession of real estate;

quiet title thereto;
remove clouds;
partition; and
any other proceedings of any kind in court directly affecting the title to the land or the use or
occupation thereof or the buildings thereon.

It is not applicable in the following cases:

a)
b)
c)
d)
e)

Preliminary attachments;
Proceedings for the probate of wills;
Levies on execution;
Proceedings for administration of estate of deceased persons; and
Proceedings in which the only object is the recovery of a money judgment.

Contents and Registration

In registering a notice of lis pendens Section 14, Rule 13 of the Rules of Court and Section 76 of
PD No. 1529 should be taken into account together, hence, a notice of lis pendens must contain the
following:
a)
b)
c)
d)
e)

a statement of the institution of an action or proceeding;

the court where the same is pending;
the date of its institution;
a reference to the number of the certificate of title of the land; and
an adequate description of the land affected and its registered owner.

Cancellation of lis pendens

The pertinent provision on the cancellation of lis pendens is Section 77 of P.D. 1529 which is
as follows:
Section 77. Cancellation of lis pendens. Before final judgment, a notice of lis pendens may be
canceled upon order of the court, after proper showing that the notice 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 registered. It may also be canceled by the Register of Deeds upon verified petition
of the party who caused the registration thereof.
At any time after final judgment in favor of the defendant, or other disposition of the action such
as to terminate finally all rights of the plaintiff in and to the land and/or buildings involved, in any
case in which a memorandum or notice of lis pendens has been registered as provided in the
preceding section, the notice of lis pendens shall be deemed canceled upon the registration of a
certificate of the clerk of court in which the action or proceeding was pending stating the manner
of disposal thereof.

Ordinarily a notice of lis pendens which has been filed in a proper case cannot be cancelled while
the action is pending and undetermined, except in the following cases (before final judgment):
a) Upon order of the court;
11 Id. at 593-594
4

b) Upon action by the RD at the instance of the party who caused the registration of the notice; or
c) Upon verified petition of the party who caused the registration thereof.
Under Section 14, Rule 13 of 1997 Rules of Civil Procedure, it may also be cancelled on two
grounds:
1. If the annotation was for the purpose of molesting the title of the adverse party, or
2. When the annotation is not necessary to protect the title of the party who caused it to be
recorded.
The same was stressed by the Court in the case of St. Mary of the Woods School, Inc. v.
Office of the Registry of Deeds of Makati, where it declared that a trial court has the inherent power to
cancel a notice of lis pendens on two grounds: (1) if the annotation was for the purpose of molesting
the title of the adverse party; or (2) when the annotation is not necessary to protect the title of the
party who caused it to be recorded.

Moreover, in Magadalena Homeowners Association, Inc. V. Court of Appeals, G.R. No. L60323, April 17, 1990, it was held that where the court found as a fact that the case had been
unnecessarily prolonged by repeatead amendments of the complaints by the plaintiffs, and that the
circumstances on record justified the conclusion that the annotation of the notice of lis pendens was
intended to molest and harass the defendants, the notice may be ordered cancelled by the court
having jurisdiction at any given time.12

Carry over of the lis pendens in case the property is sold

In case of subsequent sale or transfer, the RD is duty bound to carry over the notice on all new
titles to be issued. The act of a Registrar of Deeds in erasing the notice of lis pendens, in plain
violation of his duty, constitutes misfeasance in the performance of his duties for which he may be
held civilly and even criminally liable for any prejudice caused to innocent third parties, and cannot
affect those who are protected by the notice inscribed in the title of origin (Director of Lands vs.
Reyes, 68 SCRA 177 [1975]).
Where the oppositors in a land registration case caused the notice of lis pendens to be duly
inscribed in the original certificate of title pending appeal, such inscription keeps the whole land within
the power of the court until the litigation is terminated. It cannot be cancelled until litigation is
terminated, and said notice must be carried over in all titles subsequently issued. 13
Common Problems in Practice and Procedure Before Registries of Deeds Incident to
Subsequent Registration
When available as a remedy
LRC Consultas Nos. 32 & 34, Ysmael, et al. v. Register of Deeds of Quezon City, February 12, 1955
A notice of lis pendens may be invoked as a remedy only in cases where the very lis mota of the
pending litigation concerns directly the title or possession of a specific real property. If the property is
affected only incidentally or indirectly by the pending litigation, the doctrine of lis pendens will not
apply.

12 Id. at 599
13 Id. at 598
5

What is essential is that the property be directly affected, as where the relief sought is the action
includes the recovery of possession or the enforcement of a lien, or an adjudication between
conflicting claims of title, possession to a specific property, or requiring its transfer or sale. 14
Ministerial function of Register of Deeds
LRC Consultas Nos. 32 & 34, Ysmael, et al. v. Register of Deeds of Quezon City, February 12, 1955
The Register of Deeds however, is nevertheless NOT precluded from examining the documents
presented for registration to determine whether they are registrable or not by what appears on the
face thereof. Nevertheless, he is not authorized to go further to inquire into the intrinsic validity of the
transaction, but when on the face of a particular document he observes any defect involving formal
requisites or finds some legal deficiency, he may properly deny its registration. 15
LRC Consulta No. 107, Vasquez v. Register of Deeds of Surigao, Sept. 8, 1956
The Register of Deeds may likewise deny registration if the notice of lis pendens does not contain any
reference as to the volume and page of the registration book wherein the certificate of title involved is
entered, as required by Section 79 of Act No. 496 16
Lis pendens distinguished in effect from preliminary injunction
LRC Consulta No. 59, Marcelo v. Register of Deeds of Quezon City, Sept. 15, 1955
As to effect, the property object of the pending litigation may still be alienated or disposed of inspite of
the lis pendens, so long as the grantee or person acquiring interest therein remains bound by the
outcome of the pending litigation. 17
Lis pendens applicable to certain criminal cases
LRC Consulta No. 76, Register of Deeds of Manila, pet., Feb. 29, 1956
Where the accused in a criminal case is charged with acting as dummy, in which case the title to the
property is brought directly in issue, the question of ownership being the very lis mota of the pending
criminal case, the doctrine of lis pendens may properly apply.18
LRC Consulta No. 59, Marcelo v. Register of Deeds of Quezon City, Sept 15, 1955
When a complaint is filed for legal separation and a prayer for liquidation of the conjugal partnership
property and the partition or division thereof, title to property is obviously invoked and therefore the
doctrine of lis pendens will properly apply.19
LRC Consulta No. 99, Register of Deeds of Cotabato, pet., Aug 13, 1956
It does not apply in cases of administrative proceedings not pending in court although affecting title
to, or possession of, real property the doctrine will not lie. 20
14 N. Pena et al., Registration of Land Titles and Deeds 737 (2008)
15 Id. at 737-738
16 Id. at p.738
17 Ibid.
18 Ibid.
19 Id. at 738-739
20 Id. at p. 738
6

LRC Consulta No. 135, Register of Deeds of Rizal, pet., Feb. 8, 1957
It does not also apply to attorneys lien, since the object is the recovery of money judgment and does
not involve the issues of ownership, possession, or title to property.21
Re: Notation on title necessary
LRC Consulta No. 107, Vasquez v. Register of Deeds of Surigao, Sept 8, 1956
In order to charge third persons, the notice must not only be filed with the office of the Register of
Deeds but also be annotated on the corresponding certificate of title. Where the certificate of title
covering land affected, upon which the lis pendens may be annotated, is not existing in the records
there will certainly be no means by which third persons may be charged. Settled is the rule that the
public who have the right to inspect the existing Torrens titles in the Registry are not bound to go
further and examine the rest of the records concerning transactions that may relate to a particular
property not otherwise shown on the corresponding certificate of title. 22
Re:Cancellation
LRC Consulta No. 115, Register of Deeds of Sorsogon, pet., Oct. 19,1956
Under Section 80 of Act. No. 496, for the purpose of the cancellation of the notice of lis pendens, it
requires at least a certificate of the Clerk of Court to the effect that the action or proceeding previously
pending has been disposed of by final judgment, stating the manner of such disposal, but not in the
case where the litigation continues to be still pending final determination on appeal by the Court of
Appeals. Hence, even if the case was dismissed by the trial court, such judgment has not yet become
final by reason of the appeal to the higher court. 23

References
O. Agcaoili, Property Registration Decree and Related Laws (Land Titles and Deeds) (2011).
A.Noblejas & E. Noblejas, Registration of Land Titles and Deeds (2007).
N. Pena et al., Registration of Land Titles and Deeds (2008).
21 Ibid.
22 Id. at 739
23 Ibid.
7