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Allied Bank. Mercado v. Embed Script. Size px x x x x Mercado, Cynthia M. Fekaris and Julian Mercado, Jr. Perez, seeking to reverse and set aside the Decision[if! CV No. RT null and void. Mercado Perla. Perla, during her lifetime, owned several pieces of real property situated in different provinces of the Philippines. Respondent, on the other hand, is a banking institution duly authorized as such under the Philippine laws.
Mercado Julian over several pieces of real property registered under her name, authorizing the latter to perform the following acts: 1. To act in my behalf, to sell, alienate, mortgage, lease and deal otherwise over the different parcels of land described hereinafter, to wit: [if!
T- [if! Emphasis supplied. On the strength of the aforesaid SPA, Julian, on 12 December , obtained a loan from the respondent in the amount of P3,, RT which covers a parcel of land with an area of square meters, registered with the Registry of Deeds of Quezon City subject property.
RT registered with the Registry of Deeds of Pasig. Subsequently, Julian defaulted on the payment of his loan obligations. Thus, respondent initiated extra-judicial foreclosure proceedings over the subject property which was subsequently sold at public auction wherein the respondent was declared as the highest bidder as shown in the Sheriffs Certificate of Sale dated 15 January In its Answer with Compulsory Counterclaim,[if!
The subject property was purportedly registered previously under TCT No. Moreover, TCT No. Respondent explained that the discrepancy in the designation of the Registry of Deeds in the SPA was merely an error that must not prevail over the clear intention of Perla to include the subject property in the said SPA.
The court a quo likewise ordered that the foreclosure proceedings and the auction sale conducted pursuant to the void REM, be nullified. RT free from the encumbrances referred to above; and 5. Ordering the [respondent] Bank to pay the [petitioners] the amount of P, The appellate court declared that Perla intended the subject property to be included in the SPA she executed in favor of Julian, and that her subsequent revocation of the said SPA, not being contained in a public instrument, cannot bind third persons.
The Motion for Reconsideration interposed by the petitioners was denied by the Court of Appeals in its Resolution dated 15 February For a mortgage to be valid, Article of the Civil Code enumerates the following essential requisites: Art. The following requisites are essential to the contracts of pledge and mortgage: 1 That they be constituted to secure the fulfillment of a principal obligation; 2 That the pledgor or mortgagor be the absolute owner of the thing pledged or mortgaged; 3 That the persons constituting the pledge or mortgage have the free disposal of their property, and in the absence thereof, that they be legally authorized for the purpose.
Third persons who are not parties to the principal obligation may secure the latter by pledging or mortgaging their own property.
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