SC affirms order for Rufino-Prieto realty firm to return dead woman’s condo
The Rufino and Prieto families continue their streak of losses in real property lawsuits, as the Supreme Court (SC) affirmed an order for Sunvar Realty Development Corporation to return the Muntinlupa City condominium unit of a deceased woman.
In a recent notice of resolution, the SC 1st Division denied Sunvar’s petition contesting the Court of Appeals’ (CA) March 22, 2018 decision in favor of Sixto de los Angeles and the heirs of his late former wife Ma. Elena Posadas.
The SC agreed with the CA that the auction of Posadas’ condominium unit, which Sunvar won, was void because she was not given prior notice.
“A tax delinquency sale is void if no actual notice is given to the registered owner. Considering that no notice was sent to Ma. Elena M. Posadas prior to the scheduled public auction, the certificate of sale and deed of sale in favor of Sunvar Realty Development Corporation are deemed null and void,” read the ruling signed by Clerk of Court Librada Buena.
The case involved Unit 12 of the Corinthian Villas Condominium, which Posadas purchased from Sunvar in 1995.
Because of Posadas’ failure to pay real property taxes, the Muntinlupa City government put up the unit on public auction in 2004.
Sunvar won with a bid of P546,676.53, and because of Posadas’ failure to redeem the property, the city government executed a final deed of sale one year later.
Posadas’ former husband De Los Angeles, whom she allowed to use the property in 1999, only learned about the auction when Sunvar demanded that he leave the premises and pay back rent in 2007.
Sunvar was recently ordered by the courts to vacate the prime Mile Long property, after the government for the past decade sought its eviction because it was getting shortchanged by the Rufinos and Prietos thanks to unfavorable terms in the land development deal.