of the subject property by virtue of the February 28, 1979
deed of sale executed by Enrique D. Hemedes, who in turn
obtained ownership of the land from Justa Kausapin, as evidenced by the Kasunduan dated May 27, 1971. The plaintiffs asserted that Justa Kausapin never transferred the land to Maxima Hemedes and that Enrique D. Hemedes had no knowledge of the registration proceedings initiated by Maxima Hemedes. After considering the merits of the case, the trial court rendered judgment on February 22, 1989 in favor of plaintiffs Dominium and Enrique D. Hemedes, the dispositive portion of which states WHEREFORE, judgment is hereby rendered: (a) Declaring Transfer Certificate of Title No. 41985 of the Register of Deeds of Laguna null and void and ineffective;
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Docketed as Civil Case No. B-1766.
360
360
SUPREME COURT REPORTS ANNOTATED
Hemedes vs. Court of Appeals
(b) Declaring Dominium Realty and Construction Corporation
the absolute owner and possessor of the parcel of land described in paragraph 3 of the complaint; (c) Ordering the defendants and all persons acting for and/or under them to respect such ownership and possession of Dominium Realty and Construction Corporation and to forever desist from asserting adverse claims thereon nor disturbing such ownership and possession; and (d) Directing the Register of Deeds of Laguna to cancel said Transfer Certificate of Title No. 41985 in the name of R & B Insurance Corporation, and in lieu thereof, issue a new transfer certificate of title in the name of Dominium Realty and Construction Corporation. No pronouncement as to 8 costs and attorneys fees.
Both R & B Insurance and Maxima Hemedes appealed
from the trial courts decision. On September 11, 1992 the Court of Appeals affirmed the assailed decision in toto and