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TATA box polymorphisms in human gene promoters and associated hereditary pathologies by L. K. Savinkova; M. P. Ponomarenko; P. M. Ponomarenko; I. A. Drachkova; M. V. Lysova; T. V. Arshinova; N. A. Kolchanov (117-129).
TATA-binding protein (TBP) is the first basal factor that recognizes and binds a TATA box on TATA-containing gene promoters transcribed by RNA polymerase II. Data available in the literature are indicative of admissible variability of the TATA box. The TATA box flanking sequences can influence TBP affinity as well as the level of basal and activated tran-scription. The possibility of mediated involvement in in vivo gene expression regulation of the TBP interactions with variant TATA boxes is supported by data on TATA box polymorphisms and associated human hereditary pathologies. A table containing data on TATA element polymorphisms in human gene promoters (about 40 mutations have been described), associated with particular pathologies, their short functional characteristics, and manifestation mechanisms of TATA-box SNPs is presented. Four classes of polymorphisms are considered: TATA box polymorphisms that weaken and enhance promoter, polymorphisms causing TATA box emergence and disappearance, and human virus TATA box polymorphisms. The described examples are indicative of the polymorphism-associated severe pathologies like thalassemia, the increased risk of hepatocellular carcinoma, sensitivity to H. pylori infection, oral cavity and lung cancers, arterial hypertension, etc.
Possible involvement of NO in the stimulating effect of pifithrins on survival of hemopoietic clonogenic cells by S. Ya. Proskuryakov; A. G. Konoplyannikov; O. A. Konoplyannikova; L. I. Shevchenko; Yu. G. Verkhovskii; A. F. Tsyb (130-136).
Pifithrin α (PFTα), one of the first known low molecular weight modulators of activity of tumor suppressor p53, increases survival of hemopoietic clonogenic cells (evaluated by the criterion of formation of endogenous spleen CFU-C8 colonies in irradiated animals). This effect appeared when PFTα was administered either before or after irradiation. Increase in CFU-C8 was also observed after administration of two PFTα analogs, derivatives of 2-amino-4,5,6,7-tetrahy-drobenzothiazole. These included a parent compound, 2-ATBT (2-amino-4,5,6,7-tetrahydrobenzothiazole), which is used for synthesis of PFTα, and a product of its intramolecular cyclization under physiological conditions, cyclo-PFT (2-(4-methylphenyl)imidazo[2,1-b]-5,6,7,8-tetrahydrobenzothiazole). Earlier we found that many low molecular weight compounds increasing number of CFU-C8 (e.g. isothiourea derivatives) demonstrate NO inhibitory activity. Such activity was also found in 2-ATBT and cyclo-PFT by means of EPR spectroscopy of NO. These compounds caused more than twofold inhibition of NO production in vivo. Thus, it has been demonstrated that PFTα and its structural analogs increase survival of hemopoietic clonogenic cells in vivo, and NO may play a role in the mechanism of this effect.
Molecular cloning and expression in Escherichia coli of an active fused Zea mays L. D-amino acid oxidase by A. Gholizadeh; B. B. Kohnehrouz (137-144).
D-Amino acid oxidase (DAAO) is an FAD-dependent enzyme that metabolizes D-amino acids in microbes and animals. However, such ability has not been identified in plants so far. We predicted a complete DAAO coding sequence consisting of 1158 bp and encoding a protein of 386 amino acids. We cloned this sequence from the leaf cDNA population of maize plants that could utilize D-alanine as a nitrogen source and grow normally on media containing D-Ala at the concentrations of 100 and 1000 ppm. For more understanding of DAAO ability in maize plant, we produced a recombinant plasmid by the insertion of isolated cDNA into the pMALc2X Escherichia coli expression vector, downstream of the maltose-binding protein coding sequence. The pMALc2X-DAAO vector was used to transform the TB1 strain of E. coli cells. Under normal growth conditions, fused DAAO (with molecular weight of about 78 kDa) was expressed up to 5 mg/liter of bacterial cells. The expressed product was purified by affinity chromatography and subjected to in vitro DAAO activity assay in the presence of five different D-amino acids. Fused DAAO could oxidize D-alanine and D-aspartate, but not D-leucine, D-isoleucine, and D-serine. The cDNA sequence reported in this paper has been submitted to EMBL databases under accession number AM407717.
H1 histone modulates DNA hydrolysis with WEN1 and WEN2 endonucleases from wheat coleoptiles by L. I. Fedoreyeva; T. A. Smirnova; G. Ya. Kolomijtseva; B. F. Vanyushin (145-152).
We show that total H1 histone from wheat seedlings or rat liver enhances hydrolysis of λ phage DNA with plant endonucleases WEN1 and WEN2 isolated from wheat coleoptiles. Optimal DNA/protein weight ratio in the hydrolysis reaction is 1: 1. The action of fractions I and IV (obtained from total wheat H1 histone by electrophoresis) on DNA hydrolysis with WEN1 and WEN2 enzymes depends on the DNA methylation status. Fraction IV of wheat histone H1 stimulates hydrolysis of unmethylated λ phage DNA with WEN1 and WEN2 enzymes. Hydrolysis of methylated λ phage DNA (it contains 5-methylcytosine in Cm5CWGG sequences and N6-methyladenine in Gm6ATC sites) with WEN1 is inhibited with fractions I and IV of wheat H1 histone. Fractions II and III of wheat H1 histone do not influence DNA hydrolysis with WEN1 and WEN2. S-Adenosyl-L-methionine (SAM) stimulates activity of these plant enzymes. But in the presence of H1 histone, SAM does not add to the ability of the enzyme to hydrolyze more DNA compared with that induced with H1 histone itself. Therefore, the stimulating effects of SAM and H1 histone on DNA hydrolysis with plant endonucleases may be similar. It could be suggested that SAM and H1 histone can induce more or less analogous allosteric transformations in the structure of the investigated plant endonucleases. Thus, DNA hydrolysis with plant endonucleases is modulated with total H1 histone. H1 histone fractions affect DNA hydrolysis in a different fashion; they enhance or inhibit hydrolysis depending on the DNA methylation status. We suggest that H1 histone changes site specificity of endonucleases or it might be responsible for formation of new or masking of old sites available for these enzymes due to changes in DNA structure induced in a DNA-histone complex.
One-dimensional proteomic mapping of human liver cytochromes P450 by A. V. Lisitsa; N. A. Petushkova; I. P. Nikitin; V. G. Zgoda; I. I. Karuzina; S. A. Moshkovskii; O. V. Larina; O. G. Skipenko; L. O. Polyschuk; H. Thiele; A. I. Archakov (153-161).
A method for constructing one-dimensional proteomic maps (1D-PM) based on mass spectrometric identification of proteins from adjacent slices of one-dimensional electrophoregram has been developed. For the proteomic mapping, gel lanes were sectioned into slices less than 0.2 mm thick and each slice was subjected to enzymatic hydrolysis. The resultant mixture of peptide fragments was analyzed by matrix-assisted laser desorption time-of-flight mass spectrometry (MALDI-TOF) and liquid chromatography electrospray ionization tandem mass spectrometry (LC-MS/MS). Proteins were identified by the mass spectra obtained. Data on peptide fragments and corresponding identified proteins were presented as a 1D-PM. Proteomic maps were constructed by assigning individual proteins to gel slices based on number of matching peptides in a corresponding MS-data. On 1D-PM of human liver microsomal fraction, 18 proteins were identified in the region of 40–65 kDa. These included 12 membrane proteins belonging to the superfamily of cytochromes P450. Pooling of mass spectrometric data, obtained from several adjacent gel slices (molecular zooming) increased sequence coverage of CYP2A (cytochrome P450 family 2A). The maximal coverage of 66% significantly exceeded the level of 48% that could be obtained using one (even the most informative) slice. This method can be applied to the proteomic profiling of membrane-bound proteins.
Adsorption chromatography of proteins by V. I. Surovtsev; V. M. Borzenkov; K. V. Detushev (162-164).
A method for adsorption chromatography of proteins is proposed. A protein solution is passed through a cellulose column at a pH value corresponding to an isoelectric point of the protein. Depending on the charge of unwanted proteins, they either remain at the origin (if charges of protein and ion-exchanger are opposite) or are released from the column (if charges of protein and ion-exchanger coincide). Elution volume of the purified protein is higher than for the second group of unwanted proteins because movement of the uncharged protein of interest includes its adsorption on cellulose followed by subsequent desorption caused by the elution buffer. Problems of optimization of buffers and adsorbents are discussed. Applicability of the method of adsorption chromatography is illustrated using purification of horseradish peroxidase as an example.
Proteome of the bacterium Mycoplasma gallisepticum by I. A. Demina; M. V. Serebryakova; V. G. Ladygina; M. A. Rogova; V. G. Zgoda; D. A. Korzhenevskyi; V. M. Govorun (165-174).
Using modern proteomic assays, we have identified the products of gene expression and posttranslational modifications of proteins of the bacterium Mycoplasma gallisepticum S6. Combinations of different technologies of protein separation by electrophoresis and mass-spectrometric analysis gave us a total of 446 proteins, i.e. 61% of the annotated proteins of this microorganism. The Pro-Q Diamond and Pro-Q Emerald dye technology was used for fluorescent detection of ten phosphoproteins and two glycoproteins. The acylation of proteins was studied by electrophoresis after in vivo labeling with different 14C-labeled fatty acids, followed by autoradiography. Sixteen acylated proteins were identified, with a quarter of them involved in plasma membrane construction and another quarter involved in cell energy metabolism.
Interaction of human phenylalanyl-tRNA synthetase with specific tRNA according to thiophosphate footprinting by I. A. Vasil’eva; E. A. Semenova; N. A. Moor (175-185).
The interaction of human cytoplasmic phenylalanyl-tRNA synthetase (an enzyme with yet unknown 3D-structure) with homologous tRNAPhe under functional conditions was studied by footprinting based on iodine cleavage of thiophosphate-substituted tRNA transcripts. Most tRNAPhe nucleotides recognized by the enzyme in the anticodon (G34), anticodon stem (G30–C40, A31–U39), and D-loop (G20) have effectively or moderately protected phosphates. Other important specificity elements (A35 and A36) were found to form weak nonspecific contacts. The D-stem, T-arm, and acceptor stem are also among continuous contacts of the tRNAPhe backbone with the enzyme, thus suggesting the presence of additional recognition elements in these regions. The data indicate that mechanisms of interaction between phenylalanyl-tRNA synthetases and specific tRNAs are different in prokaryotes and eukaryotes.
Are the same or different amino acid residues responsible for correct and incorrect protein folding? by O. V. Galzitskaya (186-193).
It has been shown for 20 proteins that amino acid residues included into the protein folding nucleus, determined experimentally, are often involved in the theoretically determined amyloidogenic fragments. For 18 proteins, Φ-values indicative of the extent of residue involvement into the folding nucleus are on average higher for amino acid residues within amyloidogenic regions. Amyloidogenic fragments were predicted for 20 proteins by two methods chosen from four on the basis of comparison of prediction of amyloidogenic regions known from experimental data. Since theoretical folding nuclei are detected by the protein three-dimensional structure and amyloidogenic regions by the protein chain primary structure, the detected regularity makes possible predictions of folding nucleation sites on the basis of amino acid sequence.
Dependence of conformation of D3/D4 domains of human CD4 on glycosylation and membrane attachment by L. F. Lideman; R. A. Gibadulin (194-200).
Conformational dynamics of human T-helper cell receptor protein CD4 has been studied with the help of monoclonal antibody (mAb) T6. The mAb T6 discriminates between s- and m-forms of CD4 and recognizes a specific conformation of the soluble (s) form of CD4 including the first nine amino acids of CD4 transmembrane sequence. However, change of tryptophan for serine in position 2 in this sequence destabilizes the T6-type conformation. By enzymatic deglycosylation and deletions of glycosylation sites, we show that T6-type conformation depends on glycosylation in both sites (Asn271 and Asn300). We show also that the sugars are not involved in direct binding to the antibody but stabilize the D3/D4 local conformation. Deglycosylated forms of sCD4 in vivo acquire a specific conformation similar to the wild type sCD4, which however cannot be restored after denaturation/renaturation under conditions of non-reducing Western blot. This observation indicates that the correct protein folding needs chaperone assistance and cannot be achieved in vitro. Completely non-glycosylated sCD4 is synthesized and secreted into the growth medium. In the medium, this mutant appears to be unstable and aggregates during time. In a contrast to soluble CD4, mutations in glycosylation sites abrogate expression of membrane CD4, thus demonstrating a different secretion pathways for soluble and membrane proteins.
Hemoglobin as a potential source of natural regulatory oligopeptides by A. A. Zamyatnin (201-208).
Theoretical structure-function analysis of all possible hemoglobin molecule fragments was performed to determine sites that could be potential sources of regulatory oligopeptides. Known data on bovine hemoglobin primary structure and information of the EROP-Moscow database concerning structure and functions of natural oligopeptides were used along with a computer program complex. A total of 6750 natural non-hemoglobin oligopeptides with hemoglobin fragments of 2–14 amino acid residues were found. Structures of 20 of them were completely identical to hemoglobin fragments. Most of the revealed oligopeptides exhibit properties of neuropeptides, antimicrobial agents, and hormones. A number of them exhibit functions previously not known for hemoglobin fragments. The possibility of natural formation of regulatory oligopeptides from hemoglobin and other food protein molecules, generation of the exogenous oligopeptide pool, their participation in regulation processes as well as accordance of results obtained here with the oligopeptide continuum concepts are discussed.
Extracellular chitinases of mutant superproducing strain Serratia marcescens M-1 by A. B. Duzhak; Z. I. Panfilova; T. G. Duzhak; E. A. Vasyunina (209-214).
Four extracellular proteins with chitinase activity capable of binding chitin substrates have been revealed in the culture liquid of chitinase superproducing mutant strain M-1 of Serratia marcescens. Proteins were analyzed by SDS-PAGE and MALDI-TOF mass spectrometry. Based on the data obtained, the proteins were identified as typical chitinases of S. marcescens: ChiA, ChiB, ChiC, and CBP21.
Proteomic comparative analysis of pathogenic strain 232 and avirulent strain J of Mycoplasma hyopneumoniae by Yuan-Zuo Li; Yen-Peng Ho; Shui-Tein Chen; Tzyy-Wen Chiou; Zong-Sian Li; David Shiuan (215-220).
Mycoplasma hyopneumoniae is an important pathogen of pigs causing enzootic pneumonia of swine. The pathogen remains largely enigmatic as far as the host-pathogen interactions are concerned. In the present study, the protein profiles of two strains of M. hyopneumoniae were compared by two-dimensional gel electrophoresis and mass spectrometry. The results indicate that the major adhesin P97, the 50-kDa protein derived from P159 adhesin, and the 43-kDa cleavage product of P102 are expressed at much higher levels in the pathogenic strain 232. In contrast, the avirulent strain J switches its focus to metabolism and expresses more glyceraldehyde 3-phosphate dehydrogenase in gluconeogenesis and lactate dehydrogenase, pyruvate dehydrogenase, and phosphate acetyltransferase in the pyruvate metabolism pathway. We speculate that the avirulent strain may have developed better capabilities to cope with the rich environment during repeated inoculations. Simultaneously, the capability to infect host cells may become less important so that the adhesion-related protein genes are down-regulated.
Overexpression in Escherichia coli and purification of human fibroblast growth factor (FGF-2) by M. E. Gasparian; P. A. Elistratov; N. I. Drize; I. N. Nifontova; D. A. Dolgikh; M. P. Kirpichnikov (221-225).
Basic fibroblast growth factor (FGF-2) is a member of a large family of structurally related proteins that affect the growth, differentiation, migration, and survival of many cell types. The human FGF-2 gene (encoding residues 1–155) was synthesized by PCR from 20 oligonucleotides and cloned into plasmid pET-32a. A high expression level (1 g/liter) of a fused protein thioredoxin/FGF-2 was achieved in Escherichia coli strain BL21(DE3). The fusion protein was purified from the soluble fraction of cytoplasmic proteins on a Ni-NTA agarose column. After cleavage of the thioredoxin/FGF-2 fusion with recombinant human enteropeptidase light chain, the target protein FGF-2 was purified on a heparin-Sepharose column. The yield of FGF-2 without N- and C-terminal tags and with high activity was 100 mg per liter of cell culture. Mutations C78S and C96S in the amino acid sequence of the protein decreased FGF-2 dimer formation without affecting its solubility and biological activity.
Novel trypsin inhibitors from the white rot fungus Abortiporus biennis. Partial purification and characterization by J. Zuchowski; M. Jaszek; K. Grzywnowicz (226-230).
Novel trypsin inhibitors from the white rot fungus Abortiporus biennis were isolated, partially purified, and char- acterized. The inhibitors were purified by heat treatment, anion-exchange chromatography, and gel filtration. SDS-PAGE of the purified preparation demonstrated the presence of two proteins with molecular masses of 20 and 21.5 kDa. The A. biennis inhibitors were most active against trypsin, while chymotrypsin α, proteinase K, and Carlsberg subtilisin were inhibited to a smaller extent. The inhibitors are acidic proteins with remarkably high heat stability.
Protein aggregation and neurodegeneration: Clues from a yeast model of Huntington’s disease by N. Bocharova; R. Chave-Cox; S. Sokolov; D. Knorre; F. Severin (231-234).
A number of neurodegenerative diseases are accompanied by the appearance of intracellular protein aggregates. Huntington’s disease (HD) is caused by a mutation in a gene encoding huntingtin. The mutation causes the expansion of the polyglutamine (polyQ) domain and consequently polyQ-containing aggregates accumulate and neurons in the striatum die. The role of the aggregates is still not clear: they may be the cause of cytotoxicity or a manifestation of the cellular attempt to remove the misfolded proteins. There is accumulating evidence that the main cause of HD is the interaction of the mutated huntingtin with other polyQ-containing proteins and molecular chaperones and most studies based on a yeast model of HD support this point of view. Data obtained using yeasts suggest pathological consequences of polyQ-proteasomal interaction: proteasomal overload by polyQs may interfere with functions of the cell cycle-regulating proteins.

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1 Yaakov resumed his journey and came to the land of the Easterners.
2 There before his eyes was a well in the open. Three flocks of sheep were lying there beside it, for the flocks were watered from that well. The stone on the mouth of the well was large.
3 When all the flocks were gathered there, the stone would be rolled from the mouth of the well and the sheep watered; then the stone would be put back in its place on the mouth of the well.
9 While he was still speaking with them, Rachel came with her father’s flock; for she was a shepherdess.
10 And when Yaakov saw Rachel, the daughter of his uncle Laban, and the flock of his uncle Laban, Yaakov went up and rolled the stone off the mouth of the well, and watered the flock of his uncle Laban.
11 Then Yaakov kissed Rachel, and broke into tears.
12 Yaakov told Rachel that he was her father’s kinsman, that he was Rivka‘s son; and she ran and told her father.
16 Now Laban had two daughters; the name of the older one was Leah, and the name of the younger was Rachel.
17 Leah had weak eyes; Rachel was shapely and beautiful.
20 So Yaakov served seven years for Rachel and they seemed to him but a few days because of his love for her.
22 And Laban gathered all the people of the place and made a feast.
23 When evening came, he took his daughter Leah and brought her to him; and he cohabited with her.
24 Laban had given his maidservant Zilpa to his daughter Leah as her maid.
26 Laban said, “It is not the practice in our place to marry off the younger before the older.
29 Laban had given his maidservant Bilha to his daughter Rachel as her maid.
30 And Yaakov cohabited with Rachel also; indeed, he loved Rachel more than Leah. And he served him another seven years.
31 Hashem saw that Leah was unloved and he opened her womb; but Rachel was barren.
33 She conceived again and bore a son, and declared, “This is because Hashem heard that I was unloved and has given me this one also”; so she named him Shimon.
34 Again she conceived and bore a son and declared, “This time my husband will become attached to me, for I have borne him three sons.” Therefore he was named Levi.
35 She conceived again and bore a son, and declared, “This time I will praise Hashem.” Therefore she named him Yehuda. Then she stopped bearing.
There are two sons left to consider, through Rachael. Joseph is the Messiah figure in his family. He is rejected by his brothers and cast into a pit. He was raised out of that pit and sold into Egyptian slavery. Even so, he would be raised up out of slavery to be in charge of the know world of the time. Known as the "breadman of life", he brought salvation and deliverance to all his family.
When Benjamin was born, his mother named him "ben-oni", which means (son of my sorrow). On this one occasion only, Jacob goes against the tradition of the mother naming the child and renames him "ben-jamin", which means (son of my right hand). Yeshua is known both as "a Man of sorrows" and as One "standing at the right hand of the Father". Together, Joseph and Benjamin are the strongest examples of Messiah in all of Jacob's family.
For the rest of the article I've written on this Torah portion, copy/paste the following link.
In a continuation of the above name meanings, consider now the sons of Bilah and Zilpah. According to the meaning of their names, consider the following statement.
"Elohim has judged and vindicated us through the blood of Messiah (Dan). Because He has prevailed against hasatan (Napthali), we now have the affections of our Husband, Yeshua. As a part of the seed of Abraham, we will gather or assemble ourselves together in or by troops (Gad). With Messiah at the helm of our righteous camp, we will overcome and enter into the joy of our eternal Salvation (Asher).
This is an excerpt from an article I've written that can be accessed at the following link.
As I have said in other comments, There is nothing written in Torah that doesn't have meaning, in letters or groups of letters. Names given also have meaning. When put together, there can appear very curious statements, even prophetic. Consider only the names of each son of Jacob from Leah, in the order of their birth.
Reuben means (see, a son). Simeon means (hated). Levi means (loved, or attached in love). Judah means (praise). Issachar means (wages). Zebulon means (dwell with honor). Leah finally gives birth to a daughter named Dinah, which is the feminine form of the name "Dan", and means (judged).
Put together into one statement, we have a Messianic prophecy as follows. "Adonai will send us His son (Reuben) and He will be hated or unloved by some (Simeon) but loved by others (Levi). He will be YHVH's praise (Judah). He will be the wages for our sin (Issachar) so that we might dwell with Him (Zebulon) and be His bride (Dinah)."
For access to a complete article I've written on this portion copy/paste into your browser the link below.
There is a well circulated premise that Leah was Hashem's choice for Jacob's wife, while the other three were not. According to the placement of the "Aleph/Tav" symbol, that is an incorrect assumption. All four of the ladies have a perpetual inclusion of the symbol before their names. It's a curious matter that Rachael ONLY has the symbol put "in place of" her name on two occasions, in v. 21 when Jacob says, "give me "Aleph/Tav" my wife", and again in v. 27 when Laban says, "we will give you "Aleph/Tav" for serving another 7 years.
That should emphatically settle the issue of which wife was Hashem's chosen for Jacob. It also begs the question, "why was it ONLY Rachael that had her name replaced by the symbol rather than Leah, or the other two ladies?
As I have shown elsewhere in my comments, the "Aleph/Tav" symbol is strategically placed throughout the Tanakh and is a symbol of approval of, or a literal member of the "Godhead". Specifically in regards to Laban, the "Aleph/Tav" appears before Laban in v. 5. In v. 10, the "Aleph/Tav" appears before "the flock of Laban". In both cases, the symbol is so placed because of Jacob's inquiry of Laban, and the watering of his sheep. The symbol is never placed before his name thereafter. Yet, it appears an innumerable amount of times for Jacob. This should clearly identify the deceiver and what Hashem thinks about the treachery.
The opening verses of chapter 29 shows Jacob at the well with several flocks gathered around. Although on the surface, the scene seems to present insignificant information, there is something of great value here. In it, we are shown his ability as a shepherd. He immediately asks why they are there because he knows it's not the proper time to water the sheep. They should be doing that later in the evening or early morning. Now was the time to pasture the sheep.
Jacob is going to work for Laban. It is very obvious as this scene unfolds that no one, including Laban, is that proficient at the business of being a shepherd. With what Jacob already knows, together with what Elohim is going to teach Jacob about shepherding, we are made aware of how Elohim is going to prosper Jacob.
It might be interesting to note that the type of well described here isn't like those we might see anywhere outside Israel. These wells are more like dug-out cisterns hollowed out of limestone. They were used to collect rain water. To keep contaminates out, or keep people from stealing the water, a large stone was placed over its top. This further shows his superior knowledge, because he knows how to get the stone cover off.
Of course, it might have helped to have Rachael appear just before he removed the stone. Our commentator says he was, "moved by the sight of her". Of a certainty, this boy was "smitten".
There arises a curious question in this encounter of Jacob with YHVH. Why did He appear to Jacob in a dream and not just speak with him during the daytime? I think most Spiritual people would agree that latter would be preferable. I know I would. This portion gives a hint as to why it went down as it did. After awakening from the dream, Jacob said in v. 16, "Certainly YHVH is in this place; AND I DIDN'T KNOW".
The sages say this is why Jacob had the dream. They say Elohim would rather speak to us during the day through our conscious mind, a one-on-one conversation if you will. However, some of us are so caught up in the mundane things of the world, Spiritually dull, that if Elohim walked up and tried to have a conversation, we wouldn't even know He was there. This is why He has to come to us in dreams and visions.
I am compelled to throw in an obvious disclaimer to the above comment. There are those who walk among us with puffed up attitudes. They go around with the feeling they are somehow special because God talked to them in a dream or vision. When they do that, they're actually saying, "I was too dumb to hear the Word of the Lord during the day". There is a passage in Proverbs that says, "Pride goes before destruction and a haughty spirit before a fall. Be careful what you say. You just might be saying the opposite.
It would be silly, vain, and even futile to attempt a counting of the sand and dust. It would also be just as vain to say all these people would actually fit in the Land of Israel, even a Land the size of the area between the Nile and Euphrates. The conclusion of v. 14 clearly shows the size of the area of containment for this vast number. YHVH says, "…and you will spread abroad to the west and to the east and to the north and to the south. And in you and in your seed will all the families of the earth be blessed".
He's NOT talking about just this little swath of land we know as Israel. He's talking about the WHOLE earth. He's NOT talking about just the Jews. He's talking about people that first believe in Him AND THEN keep the Torah of Moshe out of love for Him, not the commandments and traditions of men.
After the description of the "ladder" scene, YHVH goes on in v. 13 to reiterate the same words bestowed upon Isaac and Avraham, carrying the same weight and authority as before. However, in v. 14, He says something different. With Avraham and Isaac, the promise of descendants was the "stars of the night" (about 600,000), and the "sand of the sea" (a whole lot more). YHVH now tells Jacob they'll be "as the dust of the earth". Anyone like to start counting that number? This is not a reference to a specific number. It's really referring to a number that can't be counted.
We are now presented with a very serious question that's begged. Jacob has just been introduced to a very real "person", a person standing next to Elohim. Just who is that person?
There is a curious matter in the translation of v. 13, which says, "And YHVH stood above it and said…" The English is clearly mistranslated. The Hebrew actually says, "And YHVH stood BESIDE HIM and said…" It is also obvious in this action, YHVH is not speaking to everyone in general. He's speaking directly to Jacob. In saying "beside Him", He's also not standing beside Jacob. He's standing "beside" the "LADDER". This begs a question. Why does the Hebrew refer to the ladder as a "HIM" rather than an inanimate object?
As an addition to the above comment, the Hebrew says there is NOT a single entity standing before Jacob. There are clearly TWO separate identities present. Of the two, it is YHVH, the Father, that speaks to Jacob.
In response to the dream, Jacob is said in vv. 16-17 to have been struck with fear. The fear referred to here is not that of dread. It's the fear of "awe". The nature of and objects within the dream were simply awe inspiring. Hashem certainly got his attention. For, Jacob said, "Certainly, YHVH is in this place".
There are some that think Jacob made an "unnecessary" extra request. Certainly, the blessing given to his father and grandfather, and to him in a dream, carried the obvious condition of "protection". Yet, in Jacob's mind, his very human fears demanded a little extra conformation. After all, he had a "gun to his head", as we might say it. He was relatively safe now. Yet, that's only because he left home "on the run". Jacob might have been thinking, "if Esau chases me, I'm in trouble. If I run into Esau later, I'm in trouble."
I have heard it said, "Yesterday is a cancelled check. Tomorrow is a promissory note. Today is all I have to go on". I believe this little truth is at the heart of Jacob's entire dialogue with Hashem. He was given the same promise given to his father and grandfather. Yet, that was in the past. The promises given described a future string of generations. However, neither had any substance or benefit for him TODAY.
Moshe has articulately described the state of mind with Jacob. In so doing, he succinctly pictured the state of mind of all future generations. Our focus is wrong. We readily ascend mentally to what Hashem has done in the past. We eagerly look forward to the promises of the future. Yet, we seem to have a hard time directing our thoughts to what He can do for us TODAY. I think it's really neat when we let the Torah of Moshe speak for itself.
If Jacob had acted out of any malevolent feelings I feel sure that Hashem would not have promoted him. There are people for whom Hashem has plans and a future, well He does for us all, but there are some extraordinary ones and Hashem has His hand on them, Jacob is one and so to is Leah. I think Leah must have been made of sterner stuff than me.
I was speaking in our church recently, on Mother's Day, and among the women of the Bible I talked Leah and Rachel, being sisters showed how sometimes sisters can work against each other. I hadn't reslized until preparing to speak that it is through Leah that a vast majority of the Jewish Nation are descended.
Jacob was NOT a deceiver. Esau was the real deceiver. He sold his birthright and did a good job of covering it up. Jacob, at the behest of Rebekah, did what was necessary to fulfill the prophesy Elohim gave to Rebekah. Jacob also was NOT sheltered. The term, "dwelt in tents", doesn't mean he was a "mama's boy". It means he was a very busy man, carrying out his responsibilities to his family and community.

matches: v. v. v. v. v. v. v. v. v.


When there is no demurrer to the declaration or other exception to the sufficiency of the pleadings, no exception to the rulings of the court in the progress of the trial, in the admission or exclusion of evidence, or otherwise, no request for a ruling upon the legal sufficiency or effect of the whole evidence, or no motion in arrest of judgment, and the only matter presented by the bill of exceptions which this Court is asked to review arises upon the exception to the general finding by the court for the plaintiff upon the evidence adduced at the trial, no question of law is presented which this Court can review.
This suit was brought by the defendant in error, as plaintiff below, to recover of the plaintiff in error, a municipal corporation, the amount of certain coupons on bonds issued in payment of a subscription to stock in a railroad corporation. The case was tried before the judge without the intervention of a jury. There was a general finding of facts and a judgment for the plaintiff below, and a general bill of exceptions by the defendant which incorporated all the evidence. The defendant sued out this writ of error. This and the other facts raising the question of jurisdiction appear in the opinion of the Court.
MR. CHIEF JUSTICE WOODS delivered the opinion of the Court.
not under seal, which had belonged to and had been detached from the said bonds. The declaration in both cases was in the form used in the action of assumpsit. The plea in both cases was the general issue. The two suits were, by the agreement of the parties and consent of the court, consolidated and tried together. The parties filed with the clerk a stipulation in writing by which they waived a trial by jury.
The causes were thereupon tried by the court as one case, and its action was thus stated upon the record: "After hearing the evidence, the court finds the issue for the plaintiff, and assesses his damages at eleven thousand two hundred and nine dollars." Upon this finding the court entered judgment for the plaintiff for the damages so assessed.
"Which was all the evidence offered in said causes; on which evidence the court found for the plaintiff in the sum of $11,209, and entered judgment accordingly; to all of which said defendant then and there excepted. And, as said facts do not appear of record, this bill of exceptions is prepared, and we ask that the judge may sign and seal the same, and it is done accordingly."
There was no demurrer to the declaration or other exception to the sufficiency of the pleadings, no exception to the rulings of the court in the progress of the trial, in the admission or exclusion of evidence, or otherwise, no request for a ruling upon the legal sufficiency or effect of the whole evidence and there was no motion in arrest of judgment. The only matter presented by the bill of exceptions which this Court is asked to review arises upon the exception to the general finding by the court for the plaintiff upon the evidence adduced at the trial. The defendant in error insists that upon this state of the record, no question of law is presented which the Court here can review.
"SEC. 649. Issues of fact in civil cases in any circuit court may be tried and determined by the court without the intervention of a jury whenever the parties, or their attorneys of record, file with the clerk a stipulation in writing waiving a jury. The finding of the court upon the facts, which may be either general or special, shall have the same effect as the verdict of a jury."
"SEC. 700. When an issue of fact in any civil cause in a circuit court is tried and determined by the court without the intervention of a jury, according to section six hundred and forty-nine, the rulings of the court in the progress of the trial of the cause, if excepted to at the time and duly presented by a bill of exceptions, may be reviewed by the supreme court upon writ of error or upon appeal, and, when the finding is special, the review may extend to the determination of the sufficiency of the facts found to support the judgment."
"(1) If the verdict be a general verdict, only such rulings of the court in the progress of the trial can be reviewed as are presented by bill of exceptions, or are presented by the pleadings; (2) in such cases, a bill of exceptions cannot be used to bring up the whole testimony for review any more than in a jury trial; (3) if the parties desire a review of the law involved in the case, they must either get the court to find a special verdict which raises the legal propositions or they must present to the court their propositions of law and require the court to rule on them; (4) objection to the admission or exclusion of evidence, or to such ruling on the propositions of law as the party may ask, must appear by bill of exceptions."
These propositions have been persistingly adhered to by this Court. Thus, in Miller v. Life Insurance Co., 12 Wall. 285, 79 U. S. 297 , it was said: "The finding of the court, if general, cannot be reviewed in this Court by bill of exceptions or in any other manner."
"When the finding is general the parties are concluded by the determination of the court, except in cases where exceptions are taken to the rulings of the court in the progress of the trial. . . . When a case is tried by the court without a jury, a bill of exceptions brings up nothing for revision except what it would have done had there been a jury trial."
"When issues of fact are submitted to the circuit court and the finding is general, nothing is open to review . . . except the rulings of the court in the progress of the trial, and the phrase 'rulings of the court in the progress of the trial' does not include the general finding of the circuit court, nor the conclusions of the circuit court embodied in such general finding."
See also Town of Ohio v. Marcy, 18 Wall. 552; Insurance Co. v. Sea, 21 Wall. 158; Jennisons v. Leonard, 21 Wall. 302; Tyng v. Grinnell, 92 U. S. 467 ; The Abbottsford, 98 U. S. 440 ; Otoe County v. Baldwin, 111 U. S. 1 .
case is open to review is in direct opposition to the rulings of the court in the cases cited. The plaintiff in error seeks to make the question whether the evidence set out in the bill of exceptions justified the finding by the court for the plaintiff of the issue of fact raised by the pleadings. This is, in defiance of the decision of this Court that it cannot be done, an attempt upon a general finding to bring up the whole testimony for review by a bill of exceptions.
The theory of the plaintiff in error seems to be that the general finding in this case, like a general verdict, includes questions of both law and fact, and that, by excepting to the general finding, he excepts to such conclusions of law as the general finding implies. But § 649 Revised Statutes provides that the finding of the court, whether general or special, shall have the same effect as the verdict of a jury. The general verdict of a jury concludes mixed questions of law and fact except so far as they may be saved by some exception which the party has taken to the ruling of the court upon a question of law. Norris v. Jackson, ubi supra. But the plaintiff in error has taken no such exception. By excepting to the general finding of the court, it is in the same position as if it had submitted its case to the jury, and, without any exceptions taken during the course of the trial, had, upon a return of the general verdict for the plaintiff, embodied in a bill of exceptions all the evidence, and then excepted to the verdict because the evidence did not support it.
by the statute has the same effect as the verdict of a jury, the plaintiff in error can resort to no other means of redress than those open to it had the case been tried by a jury and a general verdict rendered.
"There is no question of law upon the pleadings or the trial. Those attempted to be raised refer to the evidence as embodied in the record, but which, on a trial of the facts before the court, a jury being waived, we do not look into. We look into them only when found by the court."
"Where the case is submitted to the judge to find the facts without the intervention of a jury, he acts as a referee by consent of the parties, and no bill of exceptions will lie to his reception or rejection of testimony, nor to his judgment on the law,"
parties, where, a jury being waived, the cause was tried by the court, a review of such rulings of the court in the progress of the trial as were excepted to at the time, and duly presented by bill of exceptions, and also a review of the judgment of the court upon the question whether the facts specially found by the court were sufficient to support its judgment. In other respects, the old law remained unchanged. In the present case, the bill of exceptions presents no ruling of the court made in the progress of the trial, and there is no special finding of facts. The general finding is conclusive of the issues of fact against the plaintiff in error, and there is no question of law presented by the record of which the court can take cognizance.
The judgment of the circuit court must be affirmed, and it is so ordered.


G.R. No. 148846 - Cecilia Amodia Vda De Melencion, et al. v. Hon. Court of Appeals, et al.
CECILIA AMODIA VDA. DE MELENCION, VENERANDA AMODIA, FELIPE AMODIA, EUTIQUIO AMODIA and GO KIM CHUAN, Petitioners, v. HONORABLE COURT OF APPEALS and AZNAR BROTHERS REALTY COMPANY, Respondents.
Before this Court is a Petition for Review on Certiorari1 under Rule 45 of the Rules of Civil Procedure seeking the reversal of the Court of Appeals (CA) Decision2 dated March 30, 2001 and praying that the Decision3 of the Regional Trial Court (RTC) of Lapu-Lapu City, dated February 18, 1993, be upheld.
The entire property was originally owned by Esteban Bonghanoy6 who had only one child, Juana Bonghanoy-Amodia,7 mother of the late Leoncia Amodia and petitioners Cecilia Amodia Vda. de Melencion, Veneranda Amodia, Felipe Amodia, and Eutiquio Amodia8 (the Amodias). The entire property was brought under the operation of the Torrens System.9 However, the title thereto was lost during the Second World War.
City (Register of Deeds). Thereafter, AZNAR made some improvements and constructed a beach house thereon.
On February 18, 1989, petitioners Cecilia Amodia Vda. de Melencion, Veneranda Amodia, Felipe Amodia and Eutiquio Amodia12 (petitioners Amodias) executed a Deed of Extra-Judicial Settlement with Absolute Sale,13 conveying the subject property in favor of Go Kim Chuan for and in consideration of P70,000.00. The lost title covering the subject property was reconstituted pursuant to Republic Act (RA) No. 26.14 A reconstituted title particularly designated as Original Certificate of Title (OCT) No. RO-2899 was issued in the name of Esteban Bonghanoy15 and, subsequently, a derivative title (TCT No. 20626) was issued in the name of Go Kim Chuan on December 1, 1989. Thereafter, Go Kim Chuan exercised control and dominion over the subject property in an adverse and continuous manner and in the concept of an owner.
On February 14, 1990, AZNAR wrote a letter16 to petitioners Amodias asking the latter to withdraw and/or nullify the sale entered into between them and Go Kim Chuan. On the same date, a Notice of Adverse Claim17 was annotated by AZNAR on TCT No. 20626. Because petitioners did not heed AZNAR's demand, on April 25, 1990, AZNAR filed a case against petitioners Amodias and Go Kim Chuan for Annulment of Sale and Cancellation of TCT No. 2062618 alleging that the sale to Go Kim Chuan was an invalid second sale of the subject property which had earlier been sold to it. Petitioners Amodias denied that they executed the Extra-Judicial Partition of Real Estate with Deed of Absolute Sale in favor of AZNAR, claiming that their purported signatures thereon were forged.19 Trial on the merits ensued.
On February 18, 1993, the RTC dismissed AZNAR's complaint and declared Go Kim Chuan as the real owner of the subject property. The RTC ratiocinated that the signatures of the Amodias in the Extra-Judicial Partition of Real Estate with Deed of Absolute Sale executed in favor of AZNAR were found by the document examiner of the Philippine Constabulary (PC) Crime Laboratory to be forged, thus, the said deed did not convey anything in favor of AZNAR. Moreover, the subject property had been brought under the Land Registration Act; hence, all transactions involving the same should have complied with the said law. Finally, the RTC held that AZNAR failed to show that Go Kim Chuan acquired the subject property in bad faith.
On March 30, 2001, the CA rendered a Decision holding that the Extra-Judicial Partition of Real Estate with Deed of Absolute Sale executed by the Amodias in favor of AZNAR was registered ahead of the Deed of Extra-Judicial Settlement with Absolute Sale in favor of Go Kim Chuan, thus, pursuant to Article 1544 of the New Civil Code, the former deed should be given preference over the latter; that AZNAR's adverse claim was annotated earlier than the execution of the Deed of Extra-Judicial Settlement with Absolute Sale in favor of Go Kim Chuan; hence, the latter should have respected said adverse claim and should have made inquiries as to possible defects that may exist in the title over the subject property; and that in the absence of a final determination by a court of proper jurisdiction on the alleged forged signatures of the Amodias in the Extra-Judicial Partition of Real Estate with Deed of Absolute Sale, the finding of the document examiner was insufficient for the RTC to rule in favor of the petitioners.
(3) Ordering Go Kim Chuan to deliver to the aforesaid plaintiff-appellant the possession of the land in question and to execute a registrable deed of conveyance of the subject property to the said plaintiff-appellant.
Petitioners filed a Motion for Reconsideration22 which the CA denied in its Resolution23 dated June 5, 2001.
In its Comment25 dated September 18, 2001, AZNAR argued, among others, that the Petition is dismissible because the Verification and Certification of Non-forum Shopping were not signed by all the petitioners, invoking this Court's Decision in the case of Loquias v. Office of the Ombudsman,26 and that the same were signed only by one April Socorro Go, daughter of the late Go Kim Chuan, who did not even appear to be authorized to file the instant case in behalf of the other petitioners.
In their Reply27 dated October 22, 2001, petitioners contended that April Socorro Go is one of the legitimate children and an heir of the late Go Kim Chuan and, as such, she has personal knowledge of the truth of the facts alleged in the Petition. Petitioners submitted that they substantially complied with the Rules of Court by attaching the required Verification and Certification of Non-Forum Shopping and since the same are required simply to facilitate and promote the orderly administration of justice, compliance therewith should not be imposed with absolute literalness.
On December 19, 2001, petitioners, through counsel, filed a Motion28 for Leave to Admit Amended Petition29 for Review on Certiorari (Amended Petition). Petitioners manifested that they were seeking to correct a defect in the designation of parties and prayed that the Heirs of Go Kim Chuan, namely, Estrella S. Go, Sonia Beth Go-Reynes, Daryl Go, and April Socorro Go be impleaded as petitioners instead of the earlier designated petitioners, Cecilia Amodia Vda. de Melencion, Veneranda Amodia, Felipe Amodia, Eutiquio Amodia, and Go Kim Chuan. Counsel for petitioners admitted that he inadvertently included the petitioners Amodias in the initial Petition for Review on Certiorari (Original Petition), as they were parties before the RTC and CA. The counsel also manifested that he was only representing the Heirs of Go Kim Chuan in this case. Lastly, he claimed that other than the substitution of the original petitioners, both the Original Petition and Amended Petition uniformly raised the same issues and should be given due course in the greater interest of justice and that the instant Motion was not interposed for delay.
Per directive of the Court,30 AZNAR filed its Comment31 on the said motion wherein AZNAR manifested that it had no serious objection to the admission of the Amended Petition if the same was intended merely to implead the Heirs of Go Kim Chuan as petitioners. However, AZNAR interposed strong opposition to the Amended Petition's admission since the names of the petitioners Amodias were deleted without their written consent.
In their Reply,32 the Heirs of Go Kim Chuan, through counsel, claimed that petitioners Amodias were excluded from the Amended Petition because they can no longer be located despite diligent efforts exerted by counsel. The counsel claims that after the rendition of the assailed CA Decision, he sent several letters to petitioners Amodias but they did not reply; hence, the Heirs of Go Kim Chuan, left with no choice, filed the instant case before this Court on their own.
The Court issued a Resolution33 dated September 16, 2002 giving due course to the Petition and requiring the parties to submit their respective Memoranda.
In their Memorandum,34 petitioners Heirs of Go Kim Chuan reiterate the same issues raised in the Original Petition and the Amended Petition. They argue that Act 3344 only refers to transactions affecting lands or interests therein not previously registered under the Spanish Mortgage Law or under the Torrens system; that if AZNAR could not have registered the sale in 1964 under Act 496 because the title over the subject property was lost, AZNAR should have availed itself of the remedy of reconstitution; that registration under Act 3344 is without legal effect and could not operate as constructive notice to petitioners and third persons, hence, may not be used as basis for the application of Art. 1544 of the New Civil Code; that the Notice of Adverse Claim of AZNAR was annotated on TCT No. 20626 only on February 14, 1990 after the execution of the Deed of Extra-Judicial Settlement with Absolute Sale in favor of Go Kim Chuan on February 18, 1989, hence, the CA erred when it held that Go Kim Chuan was not a buyer in good faith for supposedly having knowledge of such adverse claim; and that the doctrine laid down in Heirs of Severa Gregorio v. CA35 is inapplicable since it referred to a case wherein the original copy of the document under review was not produced in evidence while in the instant case, the original copy of the Extra-Judicial Partition of Real Estate with Deed of Absolute Sale executed by the Amodias in favor of AZNAR was presented before the trial court judge.
On the other hand, in its Memorandum,36 AZNAR maintains that the Original Petition is dismissible because the Verification and Certification of Non-Forum Shopping thereof were not signed by all the petitioners. AZNAR further claims that the Amended Petition was filed in order to cure a fatal defect which should not be countenanced by this Court. AZNAR also contends that Go Kim Chuan was a buyer in bad faith as he had prior constructive notice that the subject property was sold to AZNAR because the sale was registered with the Register of Deeds under Act 3344; that the 1964 sale was registered under Act 3344 because the subject property was not actually covered by a Torrens title at the time; that there was no other mode of registration except under Act 3344; that Go Kim Chuan had to wait for the reconstitution of the lost title, hence, it could not be said that he examined any certificate of title and could feign ignorance of the sale in favor of AZNAR; that the second sale did not transfer the subject property to Go Kim Chuan since it was no longer within the vendors' power to convey; that with respect to the issue of forgery, the finding of the document examiner is not conclusive; and that such issue was belied by petitioner Veneranda Amodia herself when she declared that the negotiated sale in 1964 between AZNAR and the Amodias was not consummated because the latter did not receive the full consideration for the subject property.
Before resolving the main issues raised, the Court shall first deal with an apparent procedural lapse in this case.
Counsel for petitioners filed a Motion for Leave to Admit Amended Petition for Review on Certiorari in order to implead the Heirs of the late Go Kim Chuan as the new petitioners and to delete the names of petitioners Amodias because they could no longer be located. Said petitioners sought the relaxation of the rules so that in the interest of justice, the case can be decided on the merits. AZNAR opposes the Amended Petition because it was allegedly filed to cure a fatal defect in the original petition â”€ non-compliance with the rules on Verification and Certification of Non-Forum Shopping.
The purpose of verification is simply to secure an assurance that the allegations of the petition (or complaint) have been made in good faith; or are true and correct, not merely speculative. This requirement is simply a condition affecting the form of pleadings, and noncompliance therewith does not necessarily render it fatally defective. Indeed, verification is only a formal, not a jurisdictional requirement.
The issue in the present case is not the lack of verification but the sufficiency of one executed by only one of plaintiffs. This Court held in Ateneo de Naga University v. Manalo, that the verification requirement is deemed substantially complied with when, as in the present case, only one of the heirs-plaintiffs, who has sufficient knowledge and belief to swear to the truth of the allegations in the petition (complaint), signed the verification attached to it. Such verification is deemed sufficient assurance that the matters alleged in the petition have been made in good faith or are true and correct, not merely speculative.
nature in that the certification cannot be altogether dispensed with or its requirements completely disregarded.
Thus, we held in Iglesia ni Cristo that the commonality of interest is material and crucial to relaxation of the Rules.
We resolve the first question in the negative.
While it is true that the original document was produced before the RTC, the finding of forgery relies wholly on the testimony of the document examiner. It falls short of the required independent examination to be conducted by the trial court judge. Other than the statement of the document examiner, the RTC decision contains no other basis to support its conclusion of the existence of forgery. Accordingly, the CA was correct in rejecting the RTC's finding and in applying the doctrine laid down in the case of Heirs of Severa Gregorio v. CA.
However, we resolve the second question in favor of Go Kim Chuan.
In the case at bench, it is uncontroverted that the subject property was under the operation of the Torrens System even before the respective conveyances to AZNAR and Go Kim Chuan were made. AZNAR knew of this, and admits this as fact. Yet, despite this knowledge, AZNAR registered the sale in its favor under Act 3344 on the contention that at the time of sale, there was no title on file. We are not persuaded by such a lame excuse.
In this case, since the Extra-Judicial Partition of Real Estate with Deed of Absolute Sale in favor of AZNAR was registered under Act No. 3344 and not under Act No. 496, the said document is deemed not registered.48 Rather, it was the sale in favor of Go Kim Chuan which was registered under Act No. 496.
Although it is obvious that Go Kim Chuan registered the sale in his favor under Act 496 while AZNAR did not, we still cannot make an outright award of the subject property to the petitioners solely on that basis. For the law is clear: mere registration of title is not enough. Good faith must accompany the registration.
To fully resolve the second question, therefore, it is imperative that we determine whether Go Kim Chuan was a registrant in good faith.
The CA found that AZNAR registered its Notice of Adverse Claim ahead of the Deed of Extra-Judicial Settlement with Absolute Sale in favor of Go Kim Chuan. Because of this, the CA declared that Go Kim Chuan was not a buyer in good faith, because he should have respected such adverse claim or, at least, inquired into the validity thereof.
The instant case falls squarely within the foregoing exceptions.
Citing Santiago v. Court of Appeals,55 AZNAR contends that even if the adverse claim was annotated on TCT No. 20626 only on February 4, 1990, the prior registration of the sale in its favor under Act 3344 served as constructive notice to Go Kim Chuan and thus negates the latter's claim of good faith, since the Court held in that case, "Registration, however, by the first buyer under Act 3344 can have the effect of constructive notice to the second buyer that can defeat his right as such buyer in good faith."
Moreover, before buying the subject property, Go Kim Chuan made verifications with the Office of the City Assessor of Lapu-Lapu City and the Register of Deeds. He likewise visited the premises of the subject property and found that nobody interposed any adverse claim against the Amodias. After he decided to buy the subject property, he paid all taxes in arrears, caused the publication of the Deed of Extra-Judicial Settlement with Absolute Sale in a newspaper of general circulation, caused the reconstitution of the lost certificate of title and caused the issuance of the assailed TCT in his name.57 Given these antecedents, good faith on the part of Go Kim Chuan cannot be doubted.
WHEREFORE, the instant Petition for Review is GRANTED. The Decision of the Court of Appeals in CA-G.R. CV No. 51814 is REVERSED and SET ASIDE. The Decision of the Regional Trial Court of Lapu-Lapu City, Branch 27, in Civil Case No. 2254-L, is REINSTATED. No costs.
1 Dated June 23, 2001, rollo, pp. 4-32.
2 Particularly docketed as CA-G.R. C.V. No. 51814, penned by Associate Justice B.A. Adefuin-Dela Cruz (now retired), with Associate Justices Andres B. Reyes, Jr. and Josefina Guevara-Salonga, concurring; id. at 34-42.
3 Particularly docketed as Civil Case No. 2254-L; id. at 82-87.
5 Go Kim Chuan died on March 26, 1997 as evidenced by his death certificate dated June 28, 2001; id. at 71.
6 Also referred to as Esteban Bunghanoy in other pleadings and documents.
7 Also referred to as Juana Bunghanoy in other pleadings and documents.
8 Also referred to as Eustaquio Amodia in other pleadings and documents.
9 Act No. 496 (1903) or the Land Registration Act, now Presidential Decree No. 1529 (1978) or the Property Registration Decree.
11 Act No. 3344 is the law amending Act No. 2837, which in turn amended Section 194 of the Administrative Code, otherwise known as the SYSTEM OF RECORDING FOR UNREGISTERED REAL ESTATE.
12 Leoncia Amodia, at the time of the execution of said Deed, already passed away. She died single and without issue.
14 Entitled: AN ACT PROVIDING A SPECIAL PROCEDURE FOR THE RECONSTITUTION OF TORRENS CERTIFICATES OF TITLE LOST OR DESTROYED and approved on September 25, 1946.
16 CA rollo, p. 27.
17 Particularly denominated as Entry. No. 994-V-VIII-D.B. made by Ateniso Coronado, Assistant Administrator of AZNAR, record, p. 8.
18 Complaint for Civil Case No. 2254-L, rollo, pp. 74-76.
19 Answer for Civil Case No. 2254-L, records, pp. 10-13.
20 Notice of Appeal, id. at 93.
30 Resolution dated January 28, 2002; id. at 202.
35 G.R. No. 117609, December 29, 1998, 300 SCRA 565.
37 G.R. No. 168943, October 27, 2006, 505 SCRA 828, 840-841, citing Ateneo de Naga University v. Manalo, 458 SCRA 325 (2005).
39 Jimenez v. Commission on Ecumenical Mission and Relations of the United Presbyterian Church in the USA, 432 Phil. 895, 907 (2002), citing Heirs of Severa Gregorio v. CA, supra note 35. (Emphasis supplied).
41 Naval v. Court of Appeals, G.R. No. 167412, February 22, 2006, 483 SCRA 102, 110.
42 Naawan Community Rural Bank Inc. v. Court of Appeals, 443 Phil. 56, 64 (2003).
43 Aznar Brothers Realty Company v. Court of Appeals, 384 Phil. 95, 113-114 (2000).
44 Soriano v. Heirs of Magali, 118 Phil. 505, 511 (1963), citing Secs. 50 and 51 of Act 496.
45 Tapec v. Court of Appeals, G.R. No. 111952, October 26, 1994, 237 SCRA 749, 757.
46 Radiowealth Finance Co. v. Palileo, 274 Phil. 516 (1991).
48 Aznar Brothers Realty Company v. Aying, G.R. No. 144773, May 16, 2005, 458 SCRA 496, 501.
49 Heirs of Clemente Ermac v. Heirs of Vicente Ermac, 451 Phil. 368, 377 (2003).
51 Claverias v. Quingco, G.R. No. 77744, March 6, 1992, 207 SCRA 66, 84.
52 Blanco v. Rivera, G.R. No. 145878, April 25, 2006, 488 SCRA 148, 154, citing Bayoca v. Nogales, 340 SCRA 154 (2000).
53 Tan v. Court of Appeals, 421 Phil. 134, 141-142 (2001).
54 Velasquez, Jr. v. Court of Appeals, G.R. NOS. 138480 and 139449, March 25, 2004, 426 SCRA 309, 314.
55 317 Phil. 400, 414 (1995).
56 Abrigo v. De Vera, supra note 47, at 557.
57 Supra note 19, at 11-12.
58 Velasquez, Jr. v. Court of Appeals, supra note 54, at 315, citing Chu, Sr. v. Benelda Estate, 353 SCRA 424 (2001).
59 Republic v. Guerrero, G.R. No. 133168, March 28, 2006, 485 SCRA 424, 444.