3.prudential Bank vs. Rapanot

11/8/2019 SUPREME COURT REPORTS ANNOTATED VOLUME 814

G.R. No. 191636. January 16, 2017.*

PRUDENTIAL BANK (now BANK OF THE PHILIPPINE
ISLANDS), petitioner, vs. RONALD RAPANOT and
HOUSING & LAND USE REGULATORY BOARD,
respondents.
Remedial Law; Civil Procedure; Appeals; Petition for Review

on Certiorari; As a general rule, only questions of law may be
raised in petitions filed under Rule 45; Exceptions.—Time and
again, the Court has emphasized that review of appeals under
Rule 45 is “not a matter of right, but of sound judicial discretion.”
Thus, a petition for review on certiorari shall only be granted on
the basis of special and important reasons. As a general rule, only
questions of law may be raised in petitions filed under Rule 45.
However, there are recognized exceptions to this general rule,
namely: (1) when the findings are grounded entirely on
speculation, surmises or conjectures; (2) when the inference
made is manifestly mistaken, absurd or impossible; (3)
when there is grave abuse of discretion; (4) when the judgment
is based on a misapprehension of facts; (5) when the findings
of facts are conflicting; (6) when in making its findings the Court
of Appeals went beyond the issues of the case, or its findings are
contrary to the admissions of both the appellant and the appellee;
(7) when the findings are contrary to the trial court; (8) when the
findings are conclusions without citation of specific evidence on
which they are based; (9) when the facts set forth in the
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www.central.com.ph/sfsreader/session/0000016e44e65232e9630f49003600fb002c009e/t/?o=False 1/27
* FIRST DIVISION.

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Prudential Bank (now Bank of the Philippine Islands) vs.
Rapanot
petition as well as in the petitioner’s main and reply briefs

are not disputed by the respondent; (10) when the findings of fact
are premised on the supposed absence of evidence and
contradicted by the evidence on record; and (11) when the Court
of Appeals manifestly overlooked certain relevant facts
not disputed by the parties, which, if properly considered,
would justify a different conclusion.
Due Process; Administrative Due Process; Administrative due
process cannot be fully equated with due process in its strict
judicial sense, for in the former a formal or trial-type hearing is
not always necessary, and technical rules of procedure are not
strictly applied.—“The essence of due process is to be heard.” In
administrative proceedings, due process entails “a fair and
reasonable opportunity to explain one’s side, or an opportunity to
seek a reconsideration of the action or ruling complained of.
Administrative due process cannot be fully equated with due
process in its strict judicial sense, for in the former a formal or
trial-type hearing is not always necessary, and technical rules of
procedure are not strictly applied.”
Civil Law; Condominiums; Mortgages; Under Presidential
Decree (PD) No. 957, no mortgage on any condominium unit may
be constituted by a developer without prior written approval of the
National Housing Authority (NHA), now Housing and Land Use
Regulatory Board (HLURB).—Under Presidential Decree No. 957
(PD 957), no mortgage on any condominium unit may be
constituted by a developer without prior written approval of the
National Housing Authority, now HLURB. PD 957 further
requires developers to notify buyers of the loan value of their
corresponding mortgaged properties before the proceeds of the
secured loan are released. The relevant provision states: Section
18. Mortgages.—No mortgage on any unit or lot shall be made by
the owner or developer without prior written approval of the
Authority. Such approval shall not be granted unless it is shown
that the proceeds of the mortgage loan shall be used for the
development of the condominium or subdivision project and
effective measures have been provided to ensure such utilization.
The loan value of each lot or unit covered by the mortgage shall be
determined and the buyer thereof, if any, shall be notified before
the release of the loan. The buyer may, at his option, pay his
installment for the lot or unit directly to the mortgagee who shall
apply the payments to the corresponding mortgage indebtedness
secured by

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Rapanot
the particular lot or unit being paid for, with a view to

enabling said buyer to obtain title over the lot or unit promptly
after full payment thereof. In Far East Bank & Trust Co. v.
Marquez, 420 SCRA 349 (2004), the Court clarified the legal effect
of a mortgage constituted in violation of the foregoing provision,
thus: The lot was mortgaged in violation of Section 18 of PD 957.
Respondent, who was the buyer of the property, was not notified
of the mortgage before the release of the loan proceeds by
petitioner. Acts executed against the provisions of mandatory or
prohibitory laws shall be void. Hence, the mortgage over the
lot is null and void insofar as private respondent is
concerned.
Banks and Banking; Diligence Required of Banks; Banks are
required to exercise the highest degree of diligence in the conduct of
their affairs.—It bears stressing that banks are required to
exercise the highest degree of diligence in the conduct of their
affairs. The Court explained this exacting requirement in the
recent case of Philippine National Bank v. Vila, 799 SCRA 90
(2016), thus: In Land Bank of the Philippines v. Belle Corporation,
the Court exhorted banks to exercise the highest degree of
diligence in its dealing with properties offered as securities for the
loan obligation: When the purchaser or the mortgagee is a bank,
the rule on innocent purchasers or mortgagees for value is applied
more strictly. Being in the business of extending loans secured by
real estate mortgage, banks are presumed to be familiar with the
rules on land registration. Since the banking business is
impressed with public interest, they are expected to be more
cautious, to exercise a higher degree of diligence, care and
prudence, than private individuals in their dealings, even those
involving registered lands. Banks may not simply rely on the face
of the certificate of title. Hence, they cannot assume that, x x x
the title offered as security is on its face free of any encumbrances

or lien, they are relieved of the responsibility of taking further
steps to verify the title and inspect the properties to be
mortgaged. As expected, the ascertainment of the status or
condition of a property offered to it as security for a loan must be
a standard and indispensable part of the bank’s operations. x x x
We never fail to stress the remarkable significance of a
banking institution to commercial transactions, in
particular, and to the country’s economy in general. The
banking system is an indispensable institution in the
modern world and plays a vital role in the economic life of
every civilized nation. Whether as mere

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passive entities for the safekeeping and saving of

money or as active instruments of business and commerce,
banks have become an ubiquitous presence among the
people, who have come to regard them with respect and
even gratitude and, most of all, confidence. Consequently,
the highest degree of diligence is expected, and high
standards of integrity and performance are even required,
of it.
Same; Same; Negligence; The Bank’s failure to exercise the
diligence required of it constitutes negligence, and negates its
assertion that it is a mortgagee in good faith.—In loan
transactions, banks have the particular obligation of ensuring
that clients comply with all the documentary requirements
pertaining to the approval of their loan applications and the
subsequent release of their proceeds. If only the Bank exercised
the highest degree of diligence required by the nature of its
business as a financial institution, it would have discovered that
(i) Golden Dragon did not comply with the approval requirement
imposed by Section 18 of PD 957, and (ii) that Rapanot already
paid a reservation fee and had made several installment
payments in favor of Golden Dragon, with a view of acquiring
Unit 2308-B2. The Bank’s failure to exercise the diligence
required of it constitutes negligence, and negates its assertion
that it is a mortgagee in good faith.
Same; Same; In the course of its everyday dealings, the Bank

has surely been made aware of the approval and notice
requirements under Section 18 of Presidential Decree (PD) No.
957.—The Court can surely take judicial notice of the fact that
commercial banks extend credit accommodations to real estate
developers on a regular basis. In the course of its everyday
dealings, the Bank has surely been made aware of the approval
and notice requirements under Section 18 of PD 957. At this
juncture, this Court deems it necessary to stress that a person
who deliberately ignores a significant fact that could create
suspicion in an otherwise reasonable person cannot be deemed a
mortgagee in good faith. The nature of the Bank’s business
precludes it from feigning ignorance of the need to confirm that
such requirements are complied with prior to the release of the
loan in favor of Golden Dragon, in view of the exacting standard
of diligence it is required to exert in the conduct of its affairs.

338

Rapanot
PETITION for review on certiorari of the decision and

resolution of the Court of Appeals.
The facts are stated in the opinion of the Court.
Benedicto, Versoza & Burkley Law Offices for
petitioner.
Ermitaño, Manzano & Tolosa for respondent R.
Rapanot.
CAGUIOA, J.:

Only questions of law may be raised in petitions for
review on certiorari brought before this Court under Rule
45, since this Court is not a trier of facts. While there are
recognized exceptions which warrant review of factual
findings, mere assertion of these exceptions does not
suffice. It is incumbent upon the party seeking review to
overcome the burden of demonstrating that review is
justified under the circumstances prevailing in his case.

The Case

Before the Court is an Appeal by Certiorari1 under Rule

45 of the Rules of Court (Petition) of the Decision2 dated
November 18, 2009 (questioned Decision) rendered by the
Court of Appeals-Seventh Division (CA). The questioned
Decision stems from a complaint filed by herein private
respondent Ronald Rapanot (Rapanot) against Golden
Dragon Real Estate Corporation (Golden Dragon), Golden
Dragon’s President Ma. Victoria M. Vazquez3 and herein
petitioner, Bank of the Philippine Islands, formerly known
as Prudential Bank4
_______________
1 Rollo, pp. 8-23.

2 Id., at pp. 28-41. Penned by Associate Justice Antonio L. Villamor,
with Associate Justices Bienvenido L. Reyes (now a member of this Court)
and Japar B. Dimaampao, concurring.
3 Also spelled as “Vasquez” elsewhere in the records.
4 Rollo, p. 30.

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Rapanot
(Bank) for Specific Performance and Damages (Complaint)

before the Housing and Land Use Regulatory Board
(HLURB).5
The Petition seeks to reverse the questioned Decision
insofar as it found that the Bank (i) was not deprived of
due process when the Housing and Land Use Arbiter
(Arbiter) issued his Decision dated July 3, 2002 without
awaiting submission of the Bank’s position paper and draft
decision, and (ii) cannot be deemed a mortgagee in good
faith with respect to Unit 2308-B2 mortgaged by Golden
Dragon in its favor as collateral.5-a

The Facts

Golden Dragon is the developer of Wack-Wack Twin
Towers Condominium, located in Mandaluyong City. On
May 9, 1995, Rapanot paid Golden Dragon the amount of
P453,329.64 as reservation fee for a 41.1050-square-meter
unit in said condominium, particularly designated as Unit
2308-B2,6 and covered by Condominium Certificate of Title

(CCT) No. 2383 in the name of Golden Dragon.7
On September 13, 1995, the Bank extended a loan to
Golden Dragon amounting to P50,000,000.008 to be utilized
by the latter as additional working capital.9 To secure the
loan, Golden Dragon executed a Mortgage Agreement in
favor of the Bank, which had the effect of constituting a
real estate mortgage over several condominium units
owned and registered under Golden Dragon’s name. Among
the units subject
_______________
5 Id., at p. 31.
5 -a Id., at pp. 16-20.
6 Id., at p. 29.
7 Id., at p. 48.
8 Id., at p. 29.
9 Id., at p. 44.

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Rapanot
of the Mortgage Agreement was Unit 2308-B2.10 The

mortgage was annotated on CCT No. 2383 on September
13, 1995.11
On May 21, 1996, Rapanot and Golden Dragon entered
into a Contract to Sell covering Unit 2308-B2. On April 23,
1997, Rapanot completed payment of the full purchase
price of said unit amounting to P1,511,098.97.12 Golden
Dragon executed a Deed of Absolute Sale in favor of
Rapanot of the same date.13 Thereafter, Rapanot made
several verbal demands for the delivery of Unit 2308-B2.14
Prompted by Rapanot’s verbal demands, Golden Dragon
sent a letter to the Bank dated March 17, 1998, requesting
for a substitution of collateral for the purpose of replacing
Unit 2308-B2 with another unit with the same area.
However, the Bank denied Golden Dragon’s request due to
the latter’s unpaid accounts.15 Because of this, Golden
Dragon failed to comply with Rapanot’s verbal demands.
Thereafter, Rapanot, through his counsel, sent several
demand letters to Golden Dragon and the Bank, formally
demanding the delivery of Unit 2308-B2 and its

corresponding CCT No. 2383, free from all liens and
encumbrances.16 Neither Golden Dragon nor the Bank
complied with Rapanot’s written demands.17

Proceedings before the HLURB

On April 27, 2001, Rapanot filed a Complaint with the
Expanded National Capital Region Field Office of the
HLURB.18
_______________
10 Id., at pp. 44-46.

11 Id., at p. 48 (dorsal portion).
12 Id., at pp. 30, 68. P1,511,098.87 as reflected on page 68.
13 Id., at pp. 11, 30.
14 Id., at p. 30.
15 Id.
16 Id., at pp. 30-31, 69.
17 Id., at pp. 31, 69.
18 Id., at pp. 31, 70.

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The Field Office then scheduled the preliminary hearing

and held several conferences with a view of arriving at an
amicable settlement. However, no settlement was
reached.19
Despite service of summons to all the defendants named
in the Complaint, only the Bank filed its Answer.20 Thus,
on April 5, 2002, the Arbiter issued an order declaring
Golden Dragon and its President Maria Victoria Vazquez
in default, and directing Rapanot and the Bank to submit
their respective position papers and draft decisions (April
2002 Order).21 Copies of the April 2002 Order were served
on Rapanot and the Bank via registered mail.22 However,
the envelope bearing the copy sent to the Bank was
returned to the Arbiter, bearing the notation “refused to
receive.”23
Rapanot complied with the April 2002 Order and

personally served copies of its position paper and draft
decision on the Bank on May 22, 2002 and May 24, 2002,
respectively.24 In the opening statement of Rapanot’s
position paper, Rapanot made reference to the April 2002
Order.25
On July 3, 2002, the Arbiter rendered a decision
(Arbiter’s Decision) in favor of Rapanot, the dispositive
portion of which reads:
WHEREFORE, premises considered, judgment is hereby

rendered as follows:
1. Declaring the mortgage over the condominium unit No. 2308-
B2 covered by Condominium Certificate of Title No. 2383 in
favor of respondent Bank as null and void for violation of
Section 18 of Presidential Decree No. 957[;]
_______________
19 Id., at pp. 12, 31.

20 Id., at p. 70.
21 Id.
22 Id., at pp. 34, 75.
23 Id., at p. 75.
24 Id.
25 Id.

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Rapanot
2. Ordering respondent Bank to cancel the mortgage on the

subject condominium unit, and accordingly, release the title
thereof to the complainant;
3. Ordering respondents to pay jointly and severally the
complainant the following sums:
a. P100,000.00 as moral damages,
b. P100,000.00 as exemplary damages,
c. P50,000.00 as attorney’s fees,
d. The costs of litigations (sic), and
e. An administrative fine of TEN THOUSAND PESOS
(P10,000.00) payable to this Office fifteen (15) days upon
receipt of this decision, for violation of Section 18 in relation

to Section 38 of PD 957;
4. Directing the Register of Deeds of Mandaluyong City to cancel
the aforesaid mortgage on the title of the subject condominium
unit; and
5. Immediate[ly] upon receipt by the complainant of the owner’s
duplicate Condominium Certificate of Title of Unit 2308-B2,
delivery of CCT No. 2383 over Unit 2308-B2 in favor of the
complainant free from all liens and encumbrances.
SO ORDERED.26

On July 25, 2002, the Bank received a copy of Rapanot’s
Manifestation dated July 24, 2002, stating that he had
received a copy of the Arbiter’s Decision.27 On July 29,
2002, the Bank filed a Manifestation and Motion for
Clarification,28 requesting for the opportunity to file its
position paper and draft decision, and seeking confirmation
as to whether a decision had indeed been rendered
notwithstanding the fact that it had yet to file such
submissions.
_______________
26 Id., at pp. 31-32.

27 Id., at p. 12.
28 Id., at pp. 51-54.

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Subsequently, the Bank received a copy of Rapanot’s

Motion for Execution dated September 2, 2002,29 to which
it filed an Opposition dated September 4, 2002.30
Meanwhile, the Bank’s Manifestation and Motion for
Clarification remained unresolved despite the lapse of five
(5) months from the date of filing. This prompted the Bank
to secure a certified true copy of the Arbiter’s Decision from
the HLURB.31
On January 16, 2003, the Bank filed a Petition for
Review with the HLURB Board of Commissioners (HLURB
Board) alleging, among others, that it had been deprived of
due process when the Arbiter rendered a decision without

affording the Bank the opportunity to submit its position
paper and draft decision.
The HLURB Board modified the Arbiter’s Decision by:
(i) reducing the award for moral damages from P100,000.00
to P50,000.00, (ii) deleting the award for exemplary
damages, (iii) reducing the award for attorney’s fees from
P50,000.00 to P20,000.00, and (iv) directing Golden Dragon
to pay the Bank all the damages the latter is directed to
pay thereunder, and settle the mortgage obligation
corresponding to Unit 2308-B2.32
Anent the issue of due process, the HLURB Board held,
as follows:
x x x x
With respect to the first issue, we find the same untenable.
Records show that prior to the rendition of its decision, the office
below has issued and duly sent an Or-
_______________
29 Id., at pp. 55-58.

30 Id., at pp. 59-62. Based on the records, it appears that Rapanot’s
Motion for Execution and the Bank’s Opposition thereto remain
unresolved.
31 Id., at p. 13.
32 Id., at pp. 32-33.

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Rapanot
der to the parties declaring respondent GDREC in default and

directing respondent Bank to submit its position paper. x x x33
(Underscoring omitted)
Proceedings before the Office of the President

The Bank appealed the decision of the HLURB Board to
the Office of the President (OP). On October 10, 2005, the
OP issued a resolution denying the Bank’s appeal. In so
doing, the OP adopted the HLURB’s findings.34 The Bank
filed a Motion for Reconsideration, which was denied by the
OP in an Order dated March 3, 2006.35

Proceedings before the CA

The Bank filed a Petition for Review with the CA on
April 17, 2006 assailing the resolution and subsequent
order of the OP. The Bank argued, among others, that the
OP erred when it found that the Bank (i) was not denied
due process before the HLURB, and (ii) is jointly and
severally liable with Golden Dragon for damages due
Rapanot.36
After submission of the parties’ respective memoranda,
the CA rendered the questioned Decision dismissing the
Bank’s Petition for Review. On the issue of due process, the
CA held:
Petitioner asserts that it was denied due process because it did

not receive any notice to file its position paper nor a copy of the
Housing Arbiter’s Decision. Rapanot, meanwhile, contends that
the Housing Arbiter sent petitioner a copy of the April 5, 2002
Order to file position paper by registered mail, as evidenced by
the list of persons furnished with a copy thereof. However,
according to Rapanot, petitioner “refused to receive” it.
_______________
33 Id., at p. 14.
34 Id., at pp. 14-15.
35 Id., at p. 15.
36 Id., at p. 34.

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Rapanot
x x x x
In the instant case, there is no denial of due process. Petitioner
filed its Answer where it was able to explain its side through its
special and affirmative defenses. Furthermore, it participated in
the preliminary hearing and attended scheduled conferences held
to resolve differences between the parties. Petitioner was also
served with respondent’s position paper and draft decision.
Having received said pleadings of respondent, petitioner could
have manifested before the Housing Arbiter that it did not
receive, if correct, its order requiring the submission of its

pleadings and therefore prayed that it be given time to do so. Or,
it could have filed its position paper and draft decision without
awaiting the order to file the same. Under the circumstances,
petitioner was thus afforded and availed of the opportunity to
present its side. It cannot make capital of the defense of denial of
due process as a screen for neglecting to avail of opportunities to
file other pleadings.37

With respect to the Bank’s liability for damages, the CA
held thus:
Section 18 of PD 957, requires prior written authority of the

HLURB before the owner or developer of a subdivision lot or
condominium unit may enter into a contract of mortgage. Hence,
the jurisdiction of the HLURB is broad enough to include
complaints for annulment of mortgage involving violations of PD
957.
Petitioner argues that, as a mortgagee in good faith and for
value, it must be accorded protection and should not be held
jointly and severally liable with Golden Dragon and its President,
Victoria Vasquez.
It is true that a mortgagee in good faith and for value is
entitled to protection, as held in Rural Bank of Compostela v.
Court of Appeals but petitioner’s de-
_______________
37 Id., at pp. 34-36.

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Rapanot
pendence on this ruling is misplaced as it cannot be considered a

mortgagee in good faith.
The doctrine of “mortgagee in good faith” is based on the rule
that all persons dealing with property covered by a certificate of
title, as mortgagees, are not required to go beyond what appears
on the face of the title.
However, while a mortgagee is not under obligation to look
beyond the certificate of title, the nature of petitioner’s business
requires it to take further steps to assure that there are no
encumbrances or liens on the mortgaged property, especially since

it knew that it was dealing with a condominium developer. It
should have inquired deeper into the status of the properties
offered as collateral and verified if the HLURB’s authority to
mortgage was in fact previously obtained. This it failed to do.
It has been ruled that a bank, like petitioner, cannot argue
that simply because the titles offered as security were clean of any
encumbrances or lien, it was relieved of taking any other step to
verify the implications should the same be sold by the developer.
While it is not expected to conduct an exhaustive investigation of
the mortgagor’s title, it cannot be excused from the duty of
exercising the due diligence required of banking institutions, for
banks are expected to exercise more care and prudence than
private individuals in their dealings, even those involving
registered property, for their business is affected with public
interest.
As aforesaid, petitioner should have ascertained that the
required authority to mortgage the condominium units was
obtained from the HLURB before it approved Golden Dragon’s
loan. It cannot feign lack of knowledge of the sales activities of
Golden Dragon since, as an extender of credit, it is aware of the
practices, both good or bad, of condominium developers. Since
petitioner was negligent in its duty to investigate the status of the
properties offered to it as collateral, it cannot claim that it was a
mortgagee in good faith.38
_______________
38 Id., at pp. 37-40.

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The Bank filed a Motion for Reconsideration, which was

denied by the CA in a Resolution dated March 17, 2010.39
The Bank received a copy of the resolution on March 22,
2010.39-a
On April 6, 2010, the Bank filed with the Court a motion
praying for an additional period of 30 days within which to
file its petition for review on certiorari.39-b
On May 6, 2010, the Bank filed the instant Petition.
Rapanot filed his Comment to the Petition on September

7, 2010.40 Accordingly, the Bank filed its Reply on January
28, 2011.41

Issues

Essentially, the Bank requests this Court to resolve the
following issues:
1. Whether or not the CA erred when it affirmed the
resolution of the OP finding that the Bank had been
afforded due process before the HLURB; and
2. Whether or not the CA erred when it affirmed the
resolution of the OP holding that the Bank cannot be
considered a mortgagee in good faith.

The Court’s Ruling

In the instant Petition, the Bank avers that the CA
misappreciated material facts when it affirmed the OP’s
resolution which denied its appeal. The Bank contends that
the CA committed reversible error when it concluded that
the Bank was properly afforded due process before the
HLURB, and

_______________
39 Id., at pp. 42-43.

39 9-a Id., at p. 8.
39 9-b Id.
40 Id., at pp. 65-89.
41 Id., at pp. 92-99.

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Rapanot
when it failed to recognize the Bank as a mortgagee in good

faith. The Bank concludes that these alleged errors justify
the reversal of the questioned Decision, and ultimately call
for the dismissal of the Complaint against it.
The Court disagrees.
Time and again, the Court has emphasized that review

of appeals under Rule 45 is “not a matter of right, but of
sound judicial discretion.”42 Thus, a petition for review on
certiorari shall only be granted on the basis of special and
important reasons.43
As a general rule, only questions of law may be raised in
petitions filed under Rule 45.44 However, there are
recognized exceptions to this general rule, namely:
(1) when the findings are grounded entirely on speculation,

surmises or conjectures; (2) when the inference made is
manifestly mistaken, absurd or impossible; (3) when there is
grave abuse of discretion; (4) when the judgment is based on a
misapprehension of facts; (5) when the findings of facts are
conflicting; (6) when in making its findings the Court of Appeals
went beyond the issues of the case, or its findings are contrary to
the admissions of both the appellant and the appellee; (7) when
the findings are contrary to the trial court; (8) when the findings
are conclusions without citation of specific evidence on which they
are based; (9) when the facts set forth in the petition as well as in
the petitioner’s main and reply briefs are not disputed by the
respondent; (10) when the findings of fact are premised on the
supposed absence of evidence and contradicted by the evidence on
record; and (11) when the Court of Appeals manifestly
overlooked certain relevant facts not disputed by the
parties, which, if properly consid-
_______________
42 RULES OF COURT, Rule 45, Section 6.

43 Id.
44 Id., Section 1.

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Rapanot
ered, would justify a different conclusion. x x x45 (Emphasis

supplied)

The Bank avers that the second, fourth and eleventh
exceptions above are present in this case. However, after a
judicious examination of the records of this case and the
respective submissions of the parties, the Court finds that

none of these exceptions apply.

The Bank was not deprived of
due process before the HLURB.

The Bank asserts that it never received the April 2002
Order. It claims that it was taken by surprise on July 25,
2002, when it received a copy of Rapanot’s Manifestation
alluding to the issuance of the Arbiter’s Decision on July 3,
2002. Hence, the Bank claims that it was deprived of due
process, since it was not able to set forth its “valid and
meritorious” defenses for the Arbiter’s consideration
through its position paper and draft decision.46
The Court finds these submissions untenable.
“The essence of due process is to be heard.”47 In
administrative proceedings, due process entails “a fair and
reasonable opportunity to explain one’s side, or an
opportunity to seek a reconsideration of the action or ruling
complained of. Administrative due process cannot be fully
equated with due process in its strict judicial sense, for in
the former a formal or trial-type hearing is not always
necessary, and technical rules of procedure are not strictly
applied.”48
_______________
45 Ambray v. Tsourous, G.R. No. 209264, July 5, 2016, 795 SCRA 627,
636-637.
46 Rollo, p. 17.
47 San Miguel Properties, Inc. v. BF Homes, Inc., G.R. No. 169343,
August 5, 2015, 765 SCRA 131, 166.
48 Id.

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Rapanot
As correctly pointed out by the CA in the questioned

Decision, the Bank was able to set out its position by
participating in the preliminary hearing and the scheduled
conferences before the Arbiter.49 The Bank was likewise
able to assert its special and affirmative defenses in its

Answer to Rapanot’s Complaint.50
The fact that the Arbiter’s Decision was rendered
without having considered the Bank’s position paper and
draft decision is of no moment. An examination of the 1996
Rules of Procedure of the HLURB51 then prevailing shows
that the Arbiter merely acted in accordance therewith
when he rendered his decision on the basis of the pleadings
and records submitted by the parties thus far. The relevant
rules provide:
RULE VI – PRELIMINARY CONFERENCE AND

RESOLUTION
x x x x
Section 4. Position Papers.—If the parties fail to settle within
the period of preliminary conference, then they will be given a
period of not more than thirty (30) calendar days to file
their respective verified position papers, attaching thereto
the affidavits of their witnesses and documentary
evidence.
In addition, as provided for by Executive Order No. 26,
Series of 1992, the parties shall be required to submit their
respective draft decisions within the same thirty (30)-day
period.
Said draft decision shall state clearly and distinctly the
findings of facts, the issues and the applicable law and
jurisprudence on which it is based. The arbiter may adopt in
whole or in part either of the parties’ draft decision, or reject both
and prepare his own decision.
_______________
49 Rollo, p. 35.
50 Id.
51 Board of Commissioners Resolution No. R-586, Series of 1996.

351
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Rapanot
The party who fails to submit a draft decision shall be fined

P2,000.00.
Section 5. Summary Resolution.—With or without the

position paper and draft decision[,] the Arbiter shall
summarily resolve the case on the basis of the verified
pleadings and pertinent records of the Board. (Emphasis
and underscoring supplied)

Clearly, the Arbiter cannot be faulted for rendering his
Decision, since the rules then prevailing required him to do
so.
The Bank cannot likewise rely on the absence of proof of
service to further its cause. Notably, while the Bank firmly
contends that it did not receive the copy of the April 2002
Order, it did not assail the veracity of the notation “refused
to receive” inscribed on the envelope bearing said order. In
fact, the Bank only offered the following explanation
respecting said notation:
9. The claim that the Bank “refused to receive” the envelope

that bore the Order cannot be given credence and is belied by the
Bank’s act of immediately manifesting before the Housing Arbiter
that it had not yet received an order for filing the position paper
and draft decision.52

This is specious, at best. More importantly, the records
show that the Bank gained actual notice of the Arbiter’s
directive to file their position papers and draft decisions as
early as May 22, 2002, when it was personally served a
copy of Rapanot’s position paper which made reference to
the April 2002 Order.53 This shows as mere pretense the
Bank’s assertion that it learned of the Arbiter’s Decision
only through Rapanot’s Manifestation.54 Worse, the Bank
waited until the
_______________
52 Rollo, p. 94.
53 Id., at pp. 70, 94.
54 Id., at p. 52.

352

Rapanot
lapse of five (5) months before it took steps to secure a copy

of the Arbiter’s Decision directly from the HLURB for the
purpose of assailing the same before the OP.

The Mortgage Agreement is
null and void as against
Rapanot, and thus cannot
be enforced against him.

The Bank avers that contrary to the CA’s conclusion in
the questioned Decision, it exercised due diligence before it
entered into the Mortgage Agreement with Golden Dragon
and accepted Unit 2308-B2, among other properties, as
collateral.55 The Bank stressed that prior to the approval of
Golden Dragon’s loan, it deployed representatives to
ascertain that the properties being offered as collateral
were in order. Moreover, it confirmed that the titles
corresponding to the properties offered as collateral were
free from existing liens, mortgages and other
encumbrances.56 Proceeding from this, the Bank claims
that the CA overlooked these facts when it failed to
recognize the Bank as a mortgagee in good faith.
The Court finds the Bank’s assertions indefensible.
First of all, under Presidential Decree No. 957 (PD 957),
no mortgage on any condominium unit may be constituted
by a developer without prior written approval of the
National Housing Authority, now HLURB.57 PD 957
further requires developers to notify buyers of the loan
value of their corresponding mortgaged properties before
the proceeds of the secured loan are released. The relevant
provision states:
_______________
55 Id., at p. 18.
56 Id., at p. 19.
57 The regulatory functions of the National Housing Authority was
transferred to the Human Settlements Regulatory Commission (later
HLURB) by virtue of Executive Order No. 648, Series of 1981, which took
effect on February 7, 1981.

353
VOL. 814, JANUARY 16, 2017 353

Rapanot
Section 18. Mortgages.—No mortgage on any unit or lot shall

be made by the owner or developer without prior written approval
of the Authority. Such approval shall not be granted unless it is
shown that the proceeds of the mortgage loan shall be used for the
development of the condominium or subdivision project and
effective measures have been provided to ensure such utilization.
The loan value of each lot or unit covered by the mortgage shall be
determined and the buyer thereof, if any, shall be notified before
the release of the loan. The buyer may, at his option, pay his
installment for the lot or unit directly to the mortgagee who shall
apply the payments to the corresponding mortgage indebtedness
secured by the particular lot or unit being paid for, with a view to
enabling said buyer to obtain title over the lot or unit promptly
after full payment thereof.

In Far East Bank & Trust Co. v. Marquez,58 the Court
clarified the legal effect of a mortgage constituted in
violation of the foregoing provision, thus:
The lot was mortgaged in violation of Section 18 of PD 957.

Respondent, who was the buyer of the property, was not notified
of the mortgage before the release of the loan proceeds by
petitioner. Acts executed against the provisions of mandatory or
prohibitory laws shall be void. Hence, the mortgage over the
lot is null and void insofar as private respondent is
concerned.59 (Emphasis supplied)

The Court reiterated the foregoing pronouncement in
the recent case of Philippine National Bank v. Lim60 and
again in United Overseas Bank of the Philippines, Inc. v.
Board of Commissioners-HLURB.61
_______________
58 465 Phil. 276; 420 SCRA 349 (2004).

59 Id., at p. 289; p. 357.
60 702 Phil. 461; 689 SCRA 523 (2013).
61 G.R. No. 182133, June 23, 2015, 760 SCRA 300.

354

Rapanot
Thus, the Mortgage Agreement cannot have the effect of

curtailing Rapanot’s right as buyer of Unit 2308-B2,
precisely because of the Bank’s failure to comply with PD
957.
Moreover, contrary to the Bank’s assertions, it cannot be
considered a mortgagee in good faith. The Bank failed to
ascertain whether Golden Dragon secured HLURB’s prior
written approval as required by PD 957 before it accepted
Golden Dragon’s properties as collateral. It also failed to
ascertain whether any of the properties offered as collateral
already had corresponding buyers at the time the Mortgage
Agreement was executed.
The Bank cannot harp on the fact that the Mortgage
Agreement was executed before the Contract to Sell and
Deed of Absolute Sale between Rapanot and Golden
Dragon were executed, such that no amount of verification
could have revealed Rapanot’s right over Unit 2308-B2.62
The Court particularly notes that Rapanot made his initial
payment for Unit 2308-B2 as early as May 9, 1995, four (4)
months prior to the execution of the Mortgage Agreement.
Surely, the Bank could have easily verified such fact if it
had simply requested Golden Dragon to confirm if Unit
2308-B2 already had a buyer, given that the nature of the
latter’s business inherently involves the sale of
condominium units on a commercial scale.
It bears stressing that banks are required to exercise the
highest degree of diligence in the conduct of their affairs.
The Court explained this exacting requirement in the
recent case of Philippine National Bank v. Vila,63 thus:
In Land Bank of the Philippines v. Belle Corporation, the Court

exhorted banks to exercise the highest degree of diligence in its
dealing with properties offered as securities for the loan
obligation:
_______________
62 See Rollo, p. 96.

63 G.R. No. 213241, August 1, 2016, 799 SCRA 90.

355
VOL. 814, JANUARY 16, 2017 355


Rapanot
When the purchaser or the mortgagee is a bank, the rule

on innocent purchasers or mortgagees for value is applied
more strictly. Being in the business of extending loans
secured by real estate mortgage, banks are presumed to be
familiar with the rules on land registration. Since the
banking business is impressed with public interest, they are
expected to be more cautious, to exercise a higher degree of
diligence, care and prudence, than private individuals in
their dealings, even those involving registered lands. Banks
may not simply rely on the face of the certificate of title.
Hence, they cannot assume that, x x x the title offered as
security is on its face free of any encumbrances or lien, they
are relieved of the responsibility of taking further steps to
verify the title and inspect the properties to be mortgaged.
As expected, the ascertainment of the status or condition of
a property offered to it as security for a loan must be a
standard and indispensable part of the bank’s operations.
x x x (Citations omitted)
We never fail to stress the remarkable significance of a

banking institution to commercial transactions, in
particular, and to the country’s economy in general. The
banking system is an indispensable institution in the
modern world and plays a vital role in the economic life of
every civilized nation. Whether as mere passive entities
for the safekeeping and saving of money or as active
instruments of business and commerce, banks have
become an ubiquitous presence among the people, who
have come to regard them with respect and even gratitude
and, most of all, confidence. Consequently, the highest
degree of diligence is expected, and high standards of
integrity and per-

356

Rapanot
formance are even required, of it.64 (Emphasis and

underscoring supplied)

In loan transactions, banks have the particular

obligation of ensuring that clients comply with all the
documentary requirements pertaining to the approval of
their loan applications and the subsequent release of their
proceeds.65
If only the Bank exercised the highest degree of
diligence required by the nature of its business as a
financial institution, it would have discovered that (i)
Golden Dragon did not comply with the approval
requirement imposed by Section 18 of PD 957, and (ii) that
Rapanot already paid a reservation fee and had made
several installment payments in favor of Golden Dragon,
with a view of acquiring Unit 2308-B2.66
The Bank’s failure to exercise the diligence required of it
constitutes negligence, and negates its assertion that it is a
mortgagee in good faith. On this point, this Court’s ruling
in the case of Far East Bank & Trust Co. v. Marquez67 is
instructive:
Petitioner argues that it is an innocent mortgagee whose lien

must be respected and protected, since the title offered as security
was clean of any encumbrance or lien. We do not agree.
“x x x As a general rule, where there is nothing on the
certificate of title to indicate any cloud or vice in the
ownership of the property, or any encumbrance thereon, the
purchaser is not required to explore further than what the
Torrens Title upon its face indicates in quest for any hidden
defect or inchoate right that may subsequently defeat
_______________
64 Id., at pp. 101-102.

65 Far East Bank and Trust Company v. Tentmakers Group, Inc., 690
Phil. 134, 146; 675 SCRA 546, 558 (2012).
66 Rollo, p. 69.
67 Far East Bank & Trust Company v. Marquez, supra note 58 at pp.
287-288; pp. 356-357.

357
VOL. 814, JANUARY 16, 2017 357

Rapanot
his right thereto. This rule, however, admits of an exception as

where the purchaser or mortgagee has knowledge of a defect or
lack of title in the vendor, or that he was aware of sufficient facts
to induce a reasonably prudent man to inquire into the status of
the property in litigation.”

Petitioner bank should have considered that it was
dealing with a town house project that was already in
progress. A reasonable person should have been aware
that, to finance the project, sources of funds could have
been used other than the loan, which was intended to serve
the purpose only partially. Hence, there was need to verify
whether any part of the property was already the subject of
any other contract involving buyers or potential buyers. In
granting the loan, petitioner bank should not have
been content merely with a clean title, considering
the presence of circumstances indicating the need
for a thorough investigation of the existence of
buyers like respondent. Having been wanting in care
and prudence, the latter cannot be deemed to be an
innocent mortgagee.
Petitioner cannot claim to be a mortgagee in good
faith. Indeed it was negligent, as found by the Office
of the President and by the CA. Petitioner should not
have relied only on the representation of the
mortgagor that the latter had secured all requisite
permits and licenses from the government agencies
concerned. The former should have required the
submission of certified true copies of those
documents and verified their authenticity through
its own independent effort.
Having been negligent in finding out what
respondent’s rights were over the lot, petitioner
must be deemed to possess constructive knowledge
of those rights. (Emphasis supplied)
The Court can surely take judicial notice of the fact that
commercial banks extend credit accommodations to real
estate developers on a regular basis. In the course of its
everyday deal-

358

Rapanot
ings, the Bank has surely been made aware of the approval
and notice requirements under Section 18 of PD 957. At
this juncture, this Court deems it necessary to stress that a
person who deliberately ignores a significant fact that
could create suspicion in an otherwise reasonable person
cannot be deemed a mortgagee in good faith.68 The nature
of the Bank’s business precludes it from feigning ignorance
of the need to confirm that such requirements are complied
with prior to the release of the loan in favor of Golden
Dragon, in view of the exacting standard of diligence it is
required to exert in the conduct of its affairs.
68 Land Bank of the Philippines v. Belle Corporation,
G.R. No. 205271, September 2, 2015, 769 SCRA 46.
Proceeding from the foregoing, we find that neither
mistake nor misapprehension of facts can be ascribed to the
CA in rendering the questioned Decision. The Court
likewise finds that contrary to the Bank’s claim, the CA did
not overlook material facts, since the questioned Decision
proceeded from a thorough deliberation of the facts
established by the submissions of the parties and the
evidence on record.
For these reasons, we resolve to deny the instant
Petition for lack of merit.
WHEREFORE, premises considered, the Petition for
Review on Certiorari is DENIED. The Decision dated
November 18, 2009 and Resolution dated March 17, 2010 of
the Court of Appeals in C.A.-G.R. S.P. No. 93862 are
hereby AFFIRMED.
SO ORDERED.
Sereno (CJ., Chairperson), Leonardo-De Castro, Del

Castillo and Perlas-Bernabe, JJ., concur.
Petition denied, judgment and resolution affirmed.
Note.—The degree of diligence required of banks is

more than that of a reasonable man or a good father of a
family; In view of the fiduciary nature of their relationship
with their depositors, banks are duty-bound to treat the
accounts of their clients with the highest degree of care.
(Philippine Savings Bank vs. Chowking Food Corporation,
557 SCRA 318 [2008])

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11/8/2019 SUPREME COURT REPORTS ANNOTATED VOLUME 814

G.R. No. 191636. January 16, 2017.*

Remedial Law; Civil Procedure; Appeals; Petition for Review

VOL. 814, JANUARY 16, 2017 335

petition as well as in the petitioner’s main and reply briefs

336 SUPREME COURT REPORTS ANNOTATED

the particular lot or unit being paid for, with a view to

the title offered as security is on its face free of any encumbrances

VOL. 814, JANUARY 16, 2017 337

passive entities for the safekeeping and saving of

Same; Same; In the course of its everyday dealings, the Bank

338 SUPREME COURT REPORTS ANNOTATED

PETITION for review on certiorari of the decision and

Before the Court is an Appeal by Certiorari1 under Rule

1 Rollo, pp. 8-23.

VOL. 814, JANUARY 16, 2017 339

(Bank) for Specific Performance and Damages (Complaint)

2308-B2,6 and covered by Condominium Certificate of Title

340 SUPREME COURT REPORTS ANNOTATED

of the Mortgage Agreement was Unit 2308-B2.10 The

demanding the delivery of Unit 2308-B2 and its

10 Id., at pp. 44-46.

VOL. 814, JANUARY 16, 2017 341

The Field Office then scheduled the preliminary hearing

Rapanot complied with the April 2002 Order and

WHEREFORE, premises considered, judgment is hereby

19 Id., at pp. 12, 31.

342 SUPREME COURT REPORTS ANNOTATED

2. Ordering respondent Bank to cancel the mortgage on the

receipt of this decision, for violation of Section 18 in relation

26 Id., at pp. 31-32.

VOL. 814, JANUARY 16, 2017 343

Subsequently, the Bank received a copy of Rapanot’s

due process when the Arbiter rendered a decision without

29 Id., at pp. 55-58.

344 SUPREME COURT REPORTS ANNOTATED

der to the parties declaring respondent GDREC in default and

Proceedings before the Office of the President

Petitioner asserts that it was denied due process because it did

VOL. 814, JANUARY 16, 2017 345

receive, if correct, its order requiring the submission of its

Section 18 of PD 957, requires prior written authority of the

37 Id., at pp. 34-36.

346 SUPREME COURT REPORTS ANNOTATED

pendence on this ruling is misplaced as it cannot be considered a

encumbrances or liens on the mortgaged property, especially since

38 Id., at pp. 37-40.

VOL. 814, JANUARY 16, 2017 347

The Bank filed a Motion for Reconsideration, which was

Rapanot filed his Comment to the Petition on September

39 Id., at pp. 42-43.

348 SUPREME COURT REPORTS ANNOTATED

when it failed to recognize the Bank as a mortgagee in good

Time and again, the Court has emphasized that review

(1) when the findings are grounded entirely on speculation,

42 RULES OF COURT, Rule 45, Section 6.

VOL. 814, JANUARY 16, 2017 349

ered, would justify a different conclusion. x x x45 (Emphasis

respective submissions of the parties, the Court finds that