Dear PAO,
How may the notice of lis pendens annotated in the transfer certificate of title of land be cancelled?
Kristel

 
Dear Kristel,
An annotation of lis pendens in the certificate of title of land serves as an announcement to the public that such property is subject of a pending litigation. The filing of a notice of lis pendens has the following purposes: 1) to keep the subject matter of the litigation within the power of the court until entry of the final judgment to prevent the defeat of the final judgment by successive alienations; and 2) to bind the purchaser, bona fide or not, of the land subject of the litigation to the judgment or decree that the court will promulgate subsequently (Oswaldo D. Agcaoili, Property Registration Decree and Related Laws (2006 edition), page 550).

Since a notice of lis pendens is recorded in the certificate of title of land because of a pending case involving such land, it may ordinarily be cancelled only upon the termination of the said case. Section 77 of Presidential Decree (P.D.) No. 1529 or the Property Registration Decree provides that a notice of lis pendens may be cancelled after there has been a 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 these instances, the notice of lis pendens shall be deemed cancelled upon the registration of a certificate of the clerk of court in which the action or proceeding was pending stating the manner of the disposal thereof.

However, there are also instances when the notice of lis pendens may be cancelled even before the termination of the case. One is when the court has made an order for its cancellation after a 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. Another one is through the action of the Register of Deeds based on the verified petition of the party who caused the registration thereof (Section 77, Presidential Decree No. 1729).

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.