384 Phil. 220
KAPUNAN, J.:
WHEREFORE, the Decision of the Court of Appeals dated February 24, 1994, in CA-G.R. C.V. No. 33920, as modified by its Resolution dated August 10, 1994 is hereby AFFIRMED. In addition, Traders Royal Bank is ordered to pay the Capays the fair market value of the property at the time it was sold to Emelita Santiago.On October 21, 1999, the Capays and Ramon Gonzales, private respondents in G.R. No. 114299 and petitioners in G.R. No. 118862, filed a Motion for Partial Reconsideration of the above Decision. They pray for the inclusion in the dispositive portion of said Decision of an award to each of them the amount of P100,000.00 as moral damages, P40,000.00 as exemplary damages, and P40,000.00 as attorney’s fees, all with legal interest at the time of the filing of the complaint. They also ask that Traders Royal bank (TRB) be ordered to pay them the amount of P47,730.00, the price stipulated in the Deed of Absolute Sale between said bank and its transferee, Emelita Santiago, plus interest at 12% per annum from the date of said contract, instead of the fair market value of the disputed property at the time of said sale.
This Decision is without prejudice to whatever criminal, civil or administrative action against the Register of Deeds and/or his assistants that may be take by the party or parties prejudiced by the failure of the former to carry over the notice of lis pendens to the certificate of title in the name of TRB.
SO ORDERED. [1]
ACCORDINGLY, in view of the foregoing disquisitions and finding merit in the motion for reconsideration, the same is hereby GRANTED. Consequently, the decision of this Court, promulgated on February 24, 1994, is hereby RECONSIDERED. The complaint filed against defendants-appellants with the court a quo is hereby ordered DISMISSED, and the certificate of titles originally issued to them in their individual names are hereby restored and duly respected. We make no pronouncements as to costs.As stated in the above Resolution, the appellate court merely dismissed the complaint as against the subsequent transferees, not as against TRB. In effect, the Court of Appeals reversed the decision of the trial court ordering the cancellation of the certificates of title in the name of the subsequent transferees but sustained the award of damages in favor of the movants herein. The decision of the Court of appeals affirming the award of damages remained unaffected by the subsequent resolution. TRB did not specifically question the award of damages when it appealed to this Court; hence, such issue was beyond our review.
SO ORDERED. [3]
Art. 1400. Whenever the person obliged by the decree of annulment to return the thing can not do so because it has been lost through his fault, he shall return the fruits received and the value of the thing at the time of the loss, with interest from the said date.In accordance with the above provision, movants would ordinarily be entitled to, aside from the value of the property, interest thereon from the date of the loss, in this case, from the sale of the property by TRB to Emelita Santiago, with interest from said date. Pursuant also to the above provision, movants would be entitled to the fruits received from said property, if evidence of such receipt of fruits is presented.
WHEREFORE, the Decision of the Court of Appeals dated February 24, 1994 in CA-G.R. C.V. No. 33920, as modified by its Resolution dated August 10, 1994 is hereby AFFIRMED. In addition, Traders Royal Bank is ordered to pay the Capays the amount of P47,730.00, with 12% interest from the date of said sale until the same is paid.SO ORDERED.
This Decision is without prejudice to whatever criminal, civil or administrative action against the Register of Deeds and/or his assistants that may be take by the party or parties prejudiced by the failure of the former to carry over the notice of lis pendens to the certificate of title in the name of TRB.
SO ORDERED.