Professional Documents
Culture Documents
CHICO-NAZARIO, J.:
1
Before Us is2 a Petition for Review on Certiorari assailing
the Decision dated 31 July 2002 of the Court of Appeals in
CA-G.R. SP No. 62625, the decretal portion of which reads:
http://www.central.com.ph/sfsreader/session/00000160fd2b783ba7daacf3003600fb002c009e/p/ANZ643/?username=Guest Page 1 of 13
SUPREME COURT REPORTS ANNOTATED VOLUME 442 1/16/18, 12:13
_______________
* SECOND DIVISION.
1 Rollo, pp. 9-37.
2 Records, pp. 704-714; penned by Justice Marina L. Buzon, with
Acting Presiding Justice Cancio C. Garcia and Justice Eliezer R. de los
Santos, concurring.
265
http://www.central.com.ph/sfsreader/session/00000160fd2b783ba7daacf3003600fb002c009e/p/ANZ643/?username=Guest Page 2 of 13
SUPREME COURT REPORTS ANNOTATED VOLUME 442 1/16/18, 12:13
the two (2) TCTs (No. 64070 and No. 3325) covered by Real
Estate Mortgages earlier executed. UCPB refused to return
the same and proceeded to have the two (2) pre-signed Real
Estate Mortgages notarized on 22 July 1997 and caused the
registration thereof
_______________
3 Rollo, p. 714.
4 Records, pp.177-179, Agreement dated 10 October 1986.
5 Rollo, p. 19.
6 Records, p. 161.
266
http://www.central.com.ph/sfsreader/session/00000160fd2b783ba7daacf3003600fb002c009e/p/ANZ643/?username=Guest Page 3 of 13
SUPREME COURT REPORTS ANNOTATED VOLUME 442 1/16/18, 12:13
_______________
267
http://www.central.com.ph/sfsreader/session/00000160fd2b783ba7daacf3003600fb002c009e/p/ANZ643/?username=Guest Page 4 of 13
SUPREME COURT REPORTS ANNOTATED VOLUME 442 1/16/18, 12:13
_______________
268
http://www.central.com.ph/sfsreader/session/00000160fd2b783ba7daacf3003600fb002c009e/p/ANZ643/?username=Guest Page 5 of 13
SUPREME COURT REPORTS ANNOTATED VOLUME 442 1/16/18, 12:13
_______________
269
http://www.central.com.ph/sfsreader/session/00000160fd2b783ba7daacf3003600fb002c009e/p/ANZ643/?username=Guest Page 6 of 13
SUPREME COURT REPORTS ANNOTATED VOLUME 442 1/16/18, 12:13
1. In Commodities
24
Storage & Ice Plant Corp. v. Court
of Appeals, this Court ruled that „an action to
redeem by the mortgage debtor affects his title to
the foreclosed property. If the action is seasonably
made, it seeks to erase from the title of the
judgment or mortgage debtor the lien created by
registration of the mortgage and sale. If not made
seasonably, it may seek to recover ownership to the
land since the purchaserÊs inchoate title to the
property becomes
_______________
270
_______________
http://www.central.com.ph/sfsreader/session/00000160fd2b783ba7daacf3003600fb002c009e/p/ANZ643/?username=Guest Page 8 of 13
SUPREME COURT REPORTS ANNOTATED VOLUME 442 1/16/18, 12:13
271
5. In Dr. Antonio
28
A. Lizares, Inc. v. Hon. Hermogenes
Caluag, this Court ruled that „an action praying
that defendant be ordered `to accept the payment
being madeÊ by plaintiff for the lot which the latter
contracted to buy on installment basis from the
former, to pay plaintiff compensatory damages and
attorneyÊs fees and to enjoin defendant and his
agents from repossessing the lot in question, is one
that affects title to the land under Section 3 of Rule
5, of the Rules of Court, and Âshall be commenced
and tried in the province where the property or any
part thereof lies,Ê because, although the immediate
remedy is to compel the defendant to accept the
tender of payment allegedly made, it is obvious that
this relief is merely the first step to establish
plaintiff Ês title to [the] real property.‰
6. In Land Tenure Administration, et al. v. The
Honorable
29
Higinio B. Macadaeg and Alejandro T.
Lim, this Court ruled that „where the lessee seeks
to establish an interest in an hacienda that runs
with the land and one that must be respected by the
purchaser of the land even if the latter is not a
party to the original lease contract, the question of
whether or not the standing crop is immovable
property become[s] irrelevant, for venue is
determined by the nature of the principal claim.
Since the lessee is primarily interested in
establishing his right to recover possession of the
land for the purpose of enabling him to gather his
share of the crops, his action is real and must be
brought in the locality where the land is situated.‰
7. In Espineli & Mojica v. Hon. Santiago and Vda. de
http://www.central.com.ph/sfsreader/session/00000160fd2b783ba7daacf3003600fb002c009e/p/ANZ643/?username=Guest Page 9 of 13
SUPREME COURT REPORTS ANNOTATED VOLUME 442 1/16/18, 12:13
30
Ramirez, the court ruled that „although the main
relief sought in the case at bar was the delivery of
the certificate of title, said relief, in turn, entirely
depended upon who, between the parties, has a
better right to the lot in question. As it is not
possible for the court to decide the main relief,
without passing upon the claim of the parties with
respect to the title to and possession of the lot in
question, the claim shall be determined x x x in the
province where [the] said property or any part
thereof lies.‰
_______________
272
31
The case of Carandang v. Court of Appeals, is more
particularly instructive. There, we held that an action for
nullification of the mortgage documents and foreclosure of
the mortgaged property is a real action that affects the title
to the property. Thus, venue of the real action is before the
court having jurisdiction over the territory in which the
property lies, which is the Court of First Instance of
Laguna.
Petitioner in this case contends that a case for
cancellation of mortgage is a personal action and since he
resides at Pasig City, venue was properly laid therein. He
tries to make a point by alluding to the
32
case of Francisco S.
Hernandez v. Rural Bank of Lucena.
PetitionerÊs reliance in the case 33
of Francisco S.
Hernandez v. Rural Bank of Lucena is misplaced. Firstly,
said case was primarily an action to compel the mortgagee
bank to accept payment of the mortgage debt and to release
the mortgage. That action, which is not expressly included
http://www.central.com.ph/sfsreader/session/00000160fd2b783ba7daacf3003600fb002c009e/p/ANZ643/?username=Guest Page 10 of 13
SUPREME COURT REPORTS ANNOTATED VOLUME 442 1/16/18, 12:13
_______________
273
http://www.central.com.ph/sfsreader/session/00000160fd2b783ba7daacf3003600fb002c009e/p/ANZ643/?username=Guest Page 11 of 13
SUPREME COURT REPORTS ANNOTATED VOLUME 442 1/16/18, 12:13
_______________
274
http://www.central.com.ph/sfsreader/session/00000160fd2b783ba7daacf3003600fb002c009e/p/ANZ643/?username=Guest Page 12 of 13
SUPREME COURT REPORTS ANNOTATED VOLUME 442 1/16/18, 12:13
··o0o··
http://www.central.com.ph/sfsreader/session/00000160fd2b783ba7daacf3003600fb002c009e/p/ANZ643/?username=Guest Page 13 of 13