Young v. Sy Digest
G.R. 157745 September 26, 2006 Ponente: Austria-Martinez, J.: Forum Shopping; Litis Pendentia Facts: 1. The case involves 2 petitions for review under Rule 45 which were consolidated. Both petitions originated from a Complaint for Nullification of Second Supplemental Extra-judicial Settlement, Mortgage, Foreclosure Sale and Tax Declaration filed by the petitioner Genalyn D. Young. In her complaint, she alleged that the extra-judicial partition executed by her mother that adjudicated an unregistered parcel of land solely in favor of the latter, is unenforceable, since at the time of the execution, she (petitioner) was only 15 years old and no court approval had been procured; that the partition had been registered with the Register of Deeds; that Lilia Dy obtained a loan from spouses Manuel Sy and Victoria Sy (respondents) and mortgaged the subject property; that the property was foreclosed and sold to the highest bidder, respondent Manuel Sy; that a Certificate o...