Engracio Francia vs. Iac
Engracio Francia vs. Iac
vs.
INTERMEDIATE APPELLATE COURT and HO
FERNANDEZ, respondents.
FACTS:
Engracio Francia is the registered owner of a 328 square
meters residential lot described and covered by Transfer Certificate
of Title No. 4739 (37795) of the Registry of Deeds of Pasay City and
a two-story house built upon it situated at Barrio San Isidro (now
District of Sta. Clara, Pasay City, Metro Manila).
On October 15, 1977, a 125 square meter portion of
Francia's property was expropriated by the RP for the sum of
P4,116.00 representing the estimated amount equivalent to the
assessed value of the aforesaid portion.
Since 1963 up to 1977 inclusive, Francia failed to pay his
real estate taxes. Thus, on December 5, 1977, his property was sold
at public auction by the City Treasurer of Pasay City pursuant to
Section 73 of Presidential Decree No. 464 known as the Real
Property Tax Code in order to satisfy a tax delinquency of P2,400.00.
Ho Fernandez was the highest bidder for the property (Francia was
not present during the auction sale since he was in Iligan City at that
time helping his uncle ship bananas).
On March 3, 1979, Francia received a notice of hearing of
LRC Case No. 1593-P "In re: Petition for Entry of New Certificate of
Title" filed by Ho Fernandez, seeking the cancellation of TCT No.
4739 (37795) and the issuance in his name of a new certificate of
title. Upon verification through his lawyer, Francia discovered that a
MAY
(3)