Ladislao Afable v.

Carmen Belando
Recit-Ready Digest:
Afable filed a case against Belando. A preliminary attachment was obtained against the property of Belando including the
rents of certain lands in Cavite. Judgment was rendered in favor of Belando, and pursuant to the writ of execution, rents
were delivered to Afable. La Urbana intervened in the case claiming that he is entitled to the rent pursuant to the judgment
it had secured for the foreclosure of mortgage against Belando prior to the suit of Afable against Belando. The rents
delivered to Afable are part of the property mortgaged to La Urbana. The Court in this case held that the rents belong to
La Urbana pursuant to article 1877 of the Civil Code and 110 and 111 of the Mortgage Law which states that a mortgage
includes all rents of the mortgaged property not collected when the obligation fall due, and all rents payable until the
credit is satisfied. Prior to the suit of Afable against Belando, Belando’s obligation to La Urbana had already fallen due
thus the rent should be deemed included to the mortgaged property.

Facts:
1. On Aug. 27, 1928, Ladislao Afable (petitioner) filed a case against defendant, Carmen Belando (defendant) to
recover the payment of a promissory note in the amount of PHP 1,249.27. Afable was able to obtain a
preliminary attachment against Belando’s property and certain rents on lands in Cavite leased to several persons.
2. On Jan. 18, 1929 Judgment was rendered ordering Belando to pay Afable PHP 1,109.27 with interest at 12
percent per annum and 12 percent of this amount as penalty and in addition PHP 160 for certain expenses.
Pursuant to the writ of execution, the rents of the lands that had been attached were delivered to Afable.
3. A few days after delivery, association La Urbana intervened in the case to recover the rents delivered to Afable. It
appears that on Aug. 5, 1927, La Urbana filed a case against Belando for foreclosure of mortgage. The Court
ordered Belando to pay P49,162.62 to La Urban. Upon failure to make payment within 3 months, the mortgaged
property was decreed for sale in satisfaction of the amount.
4. The rents delivered to Afable were allegedly those collected on the property mortgaged to La Urbana. Thus, the
court ordered the sheriff to return the rents delivered to Afable P1,241.84) to the Bank of the Philippine Islands,
the depositary appointed in the case of La Urbana.

Issue: Whether the rents of the property mortgaged to La Urbana could have been attached by Afable in his action against
Belando pursuant to Art. 1877 of the Civil Code and 111 of the Mortgage Law?

Ratio:
When Afable brought suit against Belando and a preliminary attachment of the rents of Belando’s property has been
granted, La Urbana had already secured judgment for the foreclosure of the mortgage. Thus, when the Afable attached the
rents, Belando’s obligation to La Urbana had already fallen due.

According to article 1877 of the Civil Code and 110 and 111 of the Mortgage Law, a mortgage includes all rents of the
mortgaged property not collected when the obligation fall due, and all rents payable until the credit is satisfied. In
accordance with this provision, when the rents were attached by the Afable, they were already liable for the mortgage in
favor of La Urbana, and could not have legally been attached by Afable.

It is immaterial that the judgment in favor of La Urbana contained no mention of the rents but only the property itself, for
under the law, every mortgage includes the rents. So also is the fact that the court below excluded the P575, which is a
part of the amount of P1,241.84, from the deposit inasmuch as that sum also comprises rents included in the mortgage in
favor of La Urbana.

La Urbana did not waive its right to collect the rents from the mortgage.