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Philippine Supreme Court Jurisprudence > Year 2018 > April 2018 Decisions > G.R. No. 211232, April 11, 2018 -
COCA-COLA BOTTLERS PHILS., INC., Petitioner, v. SPOUSES EFREN AND LOLITA SORIANO, Respondents.:
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Search G.R. No. 211232, April 11, 2018 - COCA-COLA BOTTLERS PHILS., INC., Petitioner, v. SPOUSES EFREN
AND LOLITA SORIANO, Respondents.
FIRST DIVISION
COCA-COLA BOTTLERS PHILS., INC., Petitioner, v. SPOUSES EFREN AND LOLITA SORIANO,
Respondents.
DECISION
TIJAM, J.:
The Antecedents
Plaintiffs-appellees spouses Efren and Lolita Soriano are engaged in the business of selling
defendant-appellant Coca-Cola products in Tuguegarao City, Cagayan. Sometime in 1999,
defendant-appellant thru Cipriano informed plaintiffs-appellees that the former required
security for the continuation of their business. Plaintiffs-appellees were convinced to hand
over two (2) certificates of titles over their property and were made to sign a document.
DebtKollect Company, Inc. Defendant Cipriano assured plaintiffs-appellees that it will be a mere formality and will
never be notarized.
When plaintiffs-appellees were contemplating on filing a petition for the issuance of new
titles, they discovered for the first time that their land was mortgaged in favor of
defendant-appellant Coca-Cola. Worse, the mortgage land was already foreclosed. Hence,
plaintiffs-appellees filed a complaint for annulment of sheriffs foreclosure sale. They
alleged that they never signed a mortgaged document and that they were never notified of
the foreclosure sale. In addition, plaintiffs-appellees aver that they never had monetary
obligations or debts with defendant-appellant. They always paid their product deliveries in
cash.
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ChanRobles Intellectual Property On their part, defendant-appellant alleged that plaintiffs-appellees are indebted to them.
Plaintiffs-appellees' admission that they signed the real estate mortgage document in
Division Tuguegarao, Cagayan indicates that the mortgage agreement was duly executed. The
failure of the parties to appear before the notary public for the execution ofthe document
does not render the same null and void or unenforceable.5
On February 9, 2011, the RTC rendered its decision nullifying the real estate mortgage and the
foreclosure proceedings. The dispositive portion of the decision reads:
WHEREFORE, premises considered, the court hereby renders judgment in favor of the
plaintiffs and against the defendants as follows:
1. Declaring the real estate mortgage (Exhibit "A") to be null and void:
2. Declaring the Sheriff’s Certificate of Sale (Exhibit "B") to be null and void;
3. Declaring the claim of the defendants that the land of the plaintiffs had been mortgaged
to defendant corporation to be unlawful;
4. Declaring the cloud over the title and interest of the plaintiffs be removed;
5. Ordering the defendants to surrender and deliver TCT No. T-86200 and TCT No. T-84673
to the plaintiffs; and
6. Ordering the defendants in solidum to pay to plaintiffs the sum of P50,000.00 as moral
damages and P20,000.00 as attorney's fees.
No pronouncement as to cost.
SO DECIDED.
Ruling of the CA
On June 18, 2013, the CA rendered the assailed decision affirming the RTC decision in toto. The CA ruled
that the Real Estate Mortgage deed (REM deed) failed to comply substantially with the required form.
Thus, it made the following findings:
A careful perusal of the mortgage deed has revealed that although the spouses signed the
real estate mortgage deed, they never acknowledged the same before the Clerk of Court
April-2018 Jurisprudence during the notarization. Likewise, only one witness has signed the document, instead of
the required presence of two (2) witnesses as provided by law.
G.R. No. 218255, April 11, 2018 - PEOPLE OF THE The petition is impressed with merit.
PHILIPPINES, Plaintiff-Appellee, v. JERRY BUGNA Y
BRITANICO, Accused-Appellants. At the outset, We stress that the registration of a REM deed is not essential to its validity. The law is clear
on the requisites for the validity of a mortgage, to wit:
G.R. No. 194575, April 11, 2018 - ANGELITO N.
GABRIEL, Petitioner, v. PETRON CORPORATION, Art. 2085. The following requisites are essential to the contracts of pledge and mortgage:
ALFRED A. TRIO, AND FERDINANDO ENRIQUEZ,
Respondents. (1) That they be constituted to secure the fulfillment of a principal obligation;
G.R. No. 203435, April 11, 2018 - PEOPLE OF THE (2) That the pledgor or mortgagor be the absolute owner of the thing pledged or
PHILIPPINES, Plaintiff-Appellee, v. MARDY AQUINO, mortgaged;
MARIO AQUINO, RECTO AQUINO, INYONG NARVANTE,
ROMY FERNANDEZ, FELIX SAPLAN, BONIFACIO (3) That the persons constituting the pledge or mortgage have the free disposal of their
CAGUIOA AND JUANITO AQUINO, Accused.; MARDY property, and in the absence thereof, that they be legally authorized for the purpose.
MARIO AQUINO, Accused-Appellants.
Third persons who are not parties to the principal obligation may secure the latter by
G.R. No. 219957, April 04, 2018 - PEOPLE OF THE pledging or mortgaging their own property.
PHILIPPINES, Plaintiff-Appellee, v. ELEUTERIO
URMAZA Y TORRES, Accused-Appellants. In relation thereto, Article 2125 provides:
G.R. No. 213225, April 04, 2018 - PEOPLE OF THE Article 2125. In addition to the requisites stated in Article 2085, it is indispensable, in
PHILIPPINES, Plaintiff-Appellee, v. RENANTE order that a mortgage may be validly constituted, that the document in which it appears
COMPRADO FBRONOLA, Accused-Appellant. be recorded in the Registry of Property. If the instrument is not recorded, the
mortgage is nevertheless binding between the parties. (Emphasis supplied)
G.R. No. 210446, April 18, 2018 - ANGELICA G.
CRUZ, ANNA MARIE KUDO, ALBERT G. CRUZ AND Thus, as between the parties to a mortgage, the non-registration of a REM deed is immaterial to its
ARTURO G. CRUZ, Petitioners, v. MARYLOU validity. In the case of Paradigm Development Corporation of the Philippines, v. Bank of the Philippine
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TOLENTINO AND THE OFFICE OF THE REGISTER OF Islands,10 the mortgagee allegedly represented that it will not register one of the REMs signed by the
DEEDS OF MANDALUYONG CITY, Respondents. mortgagor. In upholding the validity of the questioned REM between the said parties, the Court ruled that
"with or without the registration of the REMs, as between the parties thereto, the same is valid and [the
G.R. No. 200075, April 04, 2018 - SALIC MAPANDI
mortgagor] is bound thereby." The Court, thus, cited its ruling in the case of Mobil Oil Philippines, Inc., v.
Y DIMAAMPAO, Petitioner, v. PEOPLE OF THE
PHILIPPINES, Respondent. Ruth R. Diocares, et al.11 a portion of which reads:
G.R. No. 216714, April 04, 2018 - SPOUSES Xxx. The codal provision is clear and explicit. Even if the instrument were not recorded,
GODFREY AND MA. TERESA TEVES, Petitioners, v. "the mortgage is nevertheless binding between the parties." The law cannot be any clearer.
INTEGRATED CREDIT & CORPORATE SERVICES, CO. Effect must be given to it as written. The mortgage subsists; the parties are bound. As
(NOW CAROL AQUI), Respondent. between them, the mere fact that there is as yet no compliance with the
requirement that it be recorded cannot be a bar to foreclosure.
G.R. No. 217805, April 02, 2018 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. ALSARIF BINTAIB xxxx
Y FLORENCIO A.K.A. "LENG," Accused-Appellant.
Moreover to rule as the lower court did would be to show less than fealty to the purpose
G.R. No. 189590, April 23, 2018 - REPUBLIC OF THE that animated the legislators in giving expression to their will that the failure of the
PHILIPPINES, Petitioner, v. HON. SANDIGANBAYAN, instrument to be recorded does not result in the mortgage being any the less "binding
ROMEO G. PANGANIBAN, FE L. PANGANIBAN, between the parties." In the language of the Report of the Code Commission: "In Article
GERALDINE L. PANGANIBAN, ELSA P. DE LUNA AND [2125] an additional provision is made that if the instrument of mortgage is not recorded,
PURITA P. SARMIENTO, Respondents.
the mortgage, is nevertheless binding between the parties." We are not free to adopt then
G.R. No. 219240, April 04, 2018 - PEOPLE OF THE an interpretation, even assuming that the codal provision lacks the forthrightness and
PHILIPPINES, Plaintiff-Appellee, v. BRYAN GANABA Y clarity that this particular norm does and therefore requires construction, that would
NAM-AY, Accused-Appellant. frustrate or nullify such legislative objective.12 (Citation omitted; emphasis ours)
G.R. No. 211273, April 18, 2018 - RAYMOND A. Based on the foregoing, the CA, in the case at bar, clearly erred in ruling that the parties in the instant
SON, RAYMOND S. ANTIOLA, AND WILFREDO E. case cannot be bound by the REM deed. In arriving at such ruling, the CA relied on the following
POLLARCO, Petitioners, v. UNIVERSITY OF SANTO pronouncements of this Court in the case of Spouses Adelina S. Cuyco and Feliciano U Cuyco, v. Spouses
TOMAS, FR. ROLANDO DELA ROSA, DR. CLARITA Renaoa Cuyco and Filipina Cuyco: 13
CARILLO, DR. CYNTHIA LOZA, FR. EDGARDO
ALAURIN, AND THE COLLEGE OF FINE ARTS AND In order to constitute a legal mortgage, it must be executed in a public
DESIGN FACULTY COUNCIL, Respondents. document, besides being recorded. A provision in a private document, although
denominating the agreement as one of mortgage, cannot be considered as it is not
G.R. Nos. 192595-96, April 11, 2018 - NATIONAL
ELECTRIFICATION ADMINISTRATION (NEA), susceptible of inscription in the property registry. A mortgage in legal form is not
Petitioner, v. MAGUINDANAO ELECTRIC constituted by a private document, even if such mortgage be accompanied with delivery of
COOPERATIVE, INC., REPRESENTED BY possession of the mortgage property. Besides, by express provisions of Section 127
MAGUINDANAO ELECTRIC COOPERATIVE-PALMA of Act No. 496, a mortgage affecting land, whether registered under said Act or
AREA (MAGELCO-PALMA), REPRESENTED BY ATTY. not registered at all, is not deemed to be sufficient in law nor may it be effective
LITTIE SARAH A. AGDEPPA, ANTONIO U. ACUB, to encumber or bind the land unless made substantially in the form therein
EDGAR L. LA VEGA, RET. JUDGE TERESITA CARREON prescribed. It is required, among other things, that the document be signed by the
LLABAN, EMILY LLABAN, ARMANDO C. LLABAN, AUDIE mortgagor executing the same, in the presence of two witnesses, and acknowledged as his
D. MACASARTE, WILFREDO Q. LLABAN, EVANGELINE free act and deed before a notary public. A mortgage constituted by means of a private
A. VARILLA, CORAZON TUMANG, AND PRESCILLA
document obviously does not comply with such legal requirements.14 (Citations omitted;
LANO, Respondents.; G.R. Nos. 192676-77, April 11,
2018 - COTABATO ELECTRIC COOPERATIVE, INC. emphasis ours)
(COTELCO), REPRESENTED BY ALEJANDRO Q.
COLLADOS AS GENERAL MANAGER, Petitioner, v.
The aforecited pronouncements by this Court, however, relate to the issue on whether the subject realty
MAGUINDANAO ELECTRIC COOPERATIVE-PALMA of the REM was bound by the additional loans executed between the parties. The validity of the said REM
AREA (MAGELCO-PALMA), REPRESENTED BY ATTY. was not put into question in the said case. Thus, in the present case, the CA erred in relying on the said
LITTIE SARAH A. AGDEPPA, ANTONIO U. ACUB, pronouncements.
EDGAR L. LA VEGA, RET. JUDGE TERESITA CARREON
LLABAN EVANGELINE A. VARILLA, AND CORAZON To reiterate, the law is clear and explicit as to the validity of an unregistered REM between the parties.
TUMANG; AND MAGUINDANAO ELECTRIC Indeed, if an unregistered REM is binding between the parties thereto, all the more is a registered REM,
COOPERATIVE, INC., REPRESENTED BY ITS such as the REM deed in this case.
PRESIDENT, DATU TUMAGANTANG ZAINAL,
Respondents. Here, although the REM deed was registered and annotated on the back of the title, the petitioner failed
to comply with the provisions under Section 112 of P.D. 1529, viz:
G.R. No. 232892, April 04, 2018 - ALFREDO
MALLARI MAGAT, Petitioner, v. INTERORIENT xxxx
MARITIME ENTERPRISES, INC., INTERORIENT
MARITIME ENTERPRISE LIBERIA FOR DROMON E.N.E. Deeds, conveyances, encumbrances, discharges, powers of attorney and other voluntary
AND JASMIN P. ARBOLEDA, Respondent. instruments, whether affecting registered or unregistered land, executed in accordance
with law in the form of public instruments shall be registerable: Provided, that, every
G.R. No. 208284, April 23, 2018 - THE IGLESIA DE such instrument shall be signed by the person or persons executing the same in the
JESUCRISTO JERUSALEM NUEVA OF MANILA, presence of at least two witnesses who shall likewise sign thereon, and shall
PHILIPPINES, INC., REPRESENTED BY ITS
acknowledged to be the free act and deed of the person or persons executing the
PRESIDENT, FRANCISCO GALVEZ, Petitioner, v. LOIDA
DELA CRUZ USING THE NAME CHURCH OF JESUS same before a notary public or other public officer authorized by law to take
CHRIST, "NEW JERUSALEM" AND ALL PERSONS acknowledgment. Where the instrument so acknowledged consists of two or more pages
CLAIMING RIGHTS UNDER HER, Respondents. including the page whereon acknowledgment is written, each page of the copy which is to
be registered in the office of the Register of Deeds, or if registration is not contemplated,
G.R. No. 223321, April 02, 2018 - ROGELIO M. each page of the copy to be kept by the notary public, except the page where the
FLORETE, SR., THE ESTATE OF THE LATE TERESITA F. signatures already appear at the foot of the instrument, shall be signed on the left margin
MENCHAVEZ, REPRESENTED BY MARY ANN THERESE thereof by the person or persons executing the instrument and their witnesses, and all the
F. MENCHAVEZ, ROSIE JILL F. MENCHAVEZ, MA. pages sealed with the notarial seal, and this fact as well as the number of pages shall be
ROSARIO F. MENCHAVEZ, CRISTINE JOY F. stated in the acknowledgment. Where the instrument acknowledged relates to a sale,
MENCHAVEZ, AND EPHRAIM MENCHAVEZ, AND DIANE transfer, mortgage or encumbrance of two or more parcels of land, the number thereof
GRACE F. MENCHAVEZ, Petitioners, v. MARCELINO M. shall likewise be set forth in said acknowledgment. (Emphasis ours)
FLORETE, JR. AND MA. ELENA F. MUYCO, Respondents
Respondents thus argue that the REM agreement is not a public document because it was notarized by a
G.R. No. 233325, April 16, 2018 - PEOPLE OF THE
Clerk of Court of the RTC of Ilagan who is not allowed by law to notarize private documents not related to
PHILIPPINES, Plaintiff-Appellee, v. PASTORLITO V.
DELA VICTORIA, Accused-Appellant. their functions as clerk of court.
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11/9/2019 G.R. No. 211232, April 11, 2018 - COCA-COLA BOTTLERS PHILS., INC., Petitioner, v. SPOUSES EFREN AND LOLITA SORIANO, Res…
G.R. No. 231053, April 04, 2018 - DESIDERIO b) By evidence of the genuineness of the signature or handwriting of the maker.
DALISAY INVESTMENTS, INC., Petitioner, v. SOCIAL
SECURITY SYSTEM, Respondent. Any other private document need only be identified as that which it is claimed to be.
(Emphasis supplied)
G.R. No. 192797, April 18, 2018 - EXCELLENT
ESSENTIALS INTERNATIONAL CORPORATION, Moreover, the party invoking the validity of the private document has the burden of proving its due
Petitioner, v. EXTRA EXCEL INTERNATIONAL execution and authenticity.19 Here, the respondents claim that their signature was a forgery because
PHILIPPINES, INC., Respondent.
they signed the REM deed in Tuguegarao and not in Isabela, as stated therein. Further, they alleged that
G.R. No. 218108, April 11, 2018 - PEOPLE OF THE they were assured by petitioner that the same will not be notarized and is a mere formality.
PHILIPPINES, Plaintiff-Appellee, v. RODOLFO
ADVINCULA Y MONDANO, Accused-Appellant. Although the burden was on the petitioner to prove the REM deed's due execution and authenticity,
respondents' allegations and admissions should be weighed against their favor.
G.R. No. 195814, April 04, 2018 - EVERSLEY
CHILDS SANITARIUM, REPRESENTED BY DR. In the case of Gloria and Teresita Tan Ocampo v. Land Bank of the Philippines Urdaneta, Pangasinan
GERARDO M. AQUINO, JR. (NOW DR. PRIMO JOEL S. Branch and Ex Officio Provincial Sheriff of Pangasinan,20 the mortgagors sought the nullity of the REM on
ALVEZ) CHIEF OF SANITARIUM, Petitioner, v. the ground of forgery. The Court ruled that forgery is present when any writing is counterfeited by the
SPOUSES ANASTACIO AND PERLA BARBARONA, signing of another's name with intent to defraud. However, the Court affirmed the CA in finding no reason
Respondents. to discuss forgery in light of the admission by the mortgagor that she had affixed her signature to the
subject Deed of REM.21
G.R. No. 212785, April 04, 2018 - REPUBLIC OF THE
PHILIPPINES, Petitioner, v. GO PEI HUNG, Likewise, in this case, it is undisputed that the respondents signed the REM deed. They merely invoke the
Respondent.
nullity of the same on the grounds that it was not signed in the place stated therein and that they were
G.R. No. 199513, April 18, 2018 - TERESA made to believe that it will not be notarized. Thus, in their Amended Complaint22, respondents alleged:
GUTIERREZ YAMAUCHI, Petitioner, v. ROMEO F.
SUÑIGA, Respondent. That defendants through the machinations and manipulations of defendant Reynaldo C.
Cipriano as the General Manager, convinced the plaintiffs to give them titles of whatever
G.R. No. 226727, April 25, 2018 - UNIVERSITY OF lands as guaranty for the subsequent deliveries of coca-cola products and there is nothing
THE EAST AND DR. ESTER GARCIA, Petitioners, v. to worry because the titles shall be returned any time after their accounts are fully settled;
VERONICA M. MASANGKAY AND GERTRUDO R. as the plaintiffs were in good faith, handed the titles of their lands described in paragraph
REGONDOLA, Respondents. 4, of this complaint to defendant Reynaldo C. Cipriano (why) who assured plaintiffs that is
only a formality, and there is nothing to worry; plaintiffs signed the said document in
G.R. No. 209031, April 16, 2018 - ABIGAEL AN Tuguegarao City and not in Hagan, lsabela and defendant Reynaldo C. Cipriano
ESPINA-DAN, Petitioner, v. MARCO DAN, Respondent. assured the plaintiffs that the document will not be notarized. (Emphasis ours)
G.R. No. 214367, April 04, 2018 - REPUBLIC OF THE Clearly, the respondents did not specifically deny the due execution and genuineness of the REM deed.
PHILIPPINES, Petitioner, v. LAUREANA MALIJAN-
JAVIER AND IDEN MALIJAN-JAVIER, Respondents. The early case of Lamberto Songco, v. George C. Sellner23 is instructive on how to deny the genuineness
and due execution of an actionable document, to wit:
G.R. No. 220146, April 18, 2018 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. GLEN ABINA Y X x x. This means that the defendant must declare under oath that he did not sign the
LATORRE AND JESUS LATORRE Y DERAYA, Accused- document or that it is otherwise false or fabricated. Neither does the statement of the
Appellants. answer to the effect that the instrument was procured by fraudulent representation raise
any issue as to its genuineness or due execution. On the contrary such a plea is an
G.R. No. 202784, April 18, 2018 - JONNEL D. admission both of the genuineness and due execution thereof, since it seeks to avoid
ESPALDON, Petitioner, v. RICHARD E. BUBAN IN HIS the instrument upon a ground not affecting either. x x x (Emphasis ours)
CAPACITY AS GRAFT INVESTIGATION AND
PROSECUTION OFFICER II, MEDWIN S. DIZON IN HIS In light of the foregoing, We find merit in petitioner's argument that the due execution and genuineness
CAPACITY AS DIRECTOR, PIAB-A, ALEU A. AMANTE IN of the REM deed was impliedly admitted by the respondents when they admitted signing the same. A
HIS CAPACITY AS ASSISTANT OMBUDSMAN, PAMO I, perusal of all the pleadings filed by the respondents reveal that their arguments are anchored on the
AND CONCHITA CARPIO MORALES IN HER CAPACITY
supposed fraud employed by the petitioner that led to their acts of surrendering the titles and signing the
AS OMBUDSMAN OF THE REPUBLIC OF THE
REM deed. Thus, respondents essentially seeks the annulment of the REM on the ground of fraud.
PHILIPPINES, PETER L. CALIMAG, ASSISTANT
SECRETARY, REVENUE AFFAIRS AND LEGAL AFFAIRS
Under Article 1344 of the Civil Code, fraud, as a ground for annulment of a contract, should be serious
GROUP, DEPARTMENT OF FINANCE, RENATO M.
GARBO III, MA. LETICIA MALMALATEO, MARLON K. and should not have been employed by both contracting parties. Article 1338 of the same Code further
TAULI, FRAYN M. BANAWA, AND JOHNNY CAGUIAT, provides that there is fraud when, through insidious words or machinations of one of the contracting
ALL NBI AGENTS, NATIONAL BUREAU OF parties, the other is induced to enter into a contract which, without them, he would not have agreed to.
INVESTIGATION, ROGELIO M. SABADO, AND In PDCP24, this Court refused to annul the REMs on the ground of fraud consisting of the mortgagee's
PRUDENCIO S. DAR, JR., RAILWAY POLICE, assurances that the REMs already signed by the mortgagor would not be registered, thus:
PHILIPPINE NATIONAL RAILWAYS, ANTONIO
MARIANO ALMEDA, IRENEO C. QUIZON, ARIEL In the present case, even if FEBTC represented that it will not register one of the REMs,
SARMIENTO, DOMINGO BEGUERAS, JOHN DOES/JANE PDCP cannot disown the REMs it executed after FEBTC reneged on its alleged promise. As
DOES, NBI AND/OR PNR, Respondents. earlier stated, with or without the registration of the REMs, as between the parties thereto,
the same is valid and PDCP is already bound thereby. The signature of PDCP's
G.R. No. 216065, April 18, 2018 - PEOPLE OF THE President coupled with its act of surrendering the titles to the four properties to
PHILIPPINES, Plaintiff-Appellee, v. REYNANTE
FEBTC is proof that no fraud existed in the execution of the contract. Arguably at
MANZANERO Y HABANA A.K.A. "NANTE," MARIO
TANYAG Y MARASIGAN A.K.A. "TAGA," ANGELITO most, FEBTC's act of registering the mortgage only amounted to dolo incidente
EVANGELISTA Y AVELINO A.K.A. "LITO," ARTHUR which is not the kind of fraud that avoids a contract. (Emphasis supplied)
FAJARDO Y MAMALAYAN, MARIO EVANGELISTA A.K.A.
"TIKYO," PATRICK ALEMANIA A.K.A. "BOBBY The foregoing factual circumstances in PDCP are attendant in the present case. The respondents herein
PATRICK," TOYING PENALES A.K.A. "TOYING," A.K.A. also signed the REM deed and surrendered the titles of the properties to the petitioner. Thus, We find that
"REY," AND A.K.A. "MARLON," ACCUSED, ARTHUR a claim of fraud in favor of the respondents does not persuade.
FAJARDO Y MAMALAYAN, Accused-Appellant.
Moreover, in the case of Ocampo,25 the mortgagor maintained that when she signed the questioned REM
A.C. No. 11821 (formerly CBD Case No. 15-4477), deed in blank form, she was led to believe by the mortgagee that such would only be used to process her
April 02, 2018 - DARIO TANGCAY, Complainant, v. loan application. The Court, likewise, was not persuaded by such claim of fraud, thus:
HONESTO ANCHETA CABARROGUIS, Respondent.
Unfortunately, Ocampo was unable to establish clearly and precisely how the Land Bank
G.R. No. 193572, April 04, 2018 - TSUNEISHI committed the alleged fraud. She failed to convince Us that she was deceived, through
HEAVY INDUSTRIES (CEBU), INC., Petitioner, v. MIS misrepresentations and/or insidious actions, into signing a blank form for use as security to
MARITIME CORPORATION, Respondent. her previous loan. Quite the contrary, circumstances indicate the weakness of her
submissions. The Court of Appeals aptly held that:
G.R. No. 199353, April 04, 2018 - LEVISTE
MANAGEMENT SYSTEM, INC., Petitioner, v. LEGASPI
Granting, for the sake of argument, that appellant bank did not apprise the
TOWERS 200, INC., AND VIVIAN Y. LOCSIN AND
PITONG MARCORDE, RESPONDENTS. ENGR. NELSON appellees of the real nature of the real estate mortgage, such stratagem,
Q. IRASGA, IN HIS CAPACITY AS MUNICIPAL deceit or misrepresentations employed by defendant bank are facts
BUILDING OFFICIAL OF MAKATI, METRO MANILA AND constitutive of fraud which is defined in Article 1338 of the Civil Code as that
HON. JOSE P. DE JESUS, IN HIS CAPACITY AS insidious words or machinations of one of the contracting parties, by which
SECRETARY OF THE DEPT. OF PUBLIC WORKS AND the other is induced to enter into a contract which without them, he would
HIGHWAYS, THIRD PARTY, Respondents.; G.R. NO. not have agreed to. When fraud is employed to obtain the consent of the
199389, April 04, 2018 - LEGASPI TOWERS 200, INC., other party to enter into a contract, the resulting contract is merely a
Petitioner, v. LEVISTE MANAGEMENT SYSTEM, INC., voidable contract, that is a valid and subsisting contract until annulled or set
ENGR. NELSON Q. IRASGA, IN HIS CAPACITY AS aside by a competent court. x x x
MUNICIPAL BLDG. OFFICIAL OF MAKATI, METRO
MANILA, AND HON. JOSE P. DE JESUS, IN HIS With the foregoing, We find that the preponderance of evidence tilts in favor of the petitioner. The due
CAPACITY AS SECRETARY OF THE DEPARTMENT OF execution and genuineness of the REM deed was proven by the admission of the respondents that they
PUBLIC WORKS AND HIGHWAYS, Respondents.
signed the same. This is bolstered by the fact that the titles were surrendered to the petitioner. Other
than bare allegations, respondents' claim of fraud is not supported by preponderance of evidence.
G.R. No. 185530, April 18, 2018 - MAKATI TUSCANY
CONDOMINIUM CORPORATION, Petitioner, v. MULTI- Further, the courts a quo, in declaring the REM deed null and void, erred in ruling that registration and
REALTY DEVELOPMENT CORPORATION, Respondent. compliance with the prescribed form are essential in the validity of a REM. In fine, We rule that the REM
between the parties herein is valid.
G.R. No. 223399, April 23, 2018 - FATIMA O. DE
GUZMAN-FUERTE, MARRIED TO MAURICE GEORGE As to the issue on the validity of the foreclosure proceedings, We find no cogent reason to nullify the
FUERTE, Petitioner, v. SPOUSES SILVINO S.ESTOMO same. Basic is the rule that unless the parties stipulate, personal notice to the mortgagor in extrajudicial
AND CONCEPCION C. ESTOMO, Respondents. foreclosure proceedings is not necessary because Section 3 of Act No. 3135 only requires the posting of
the notice of sale in three public places and the publication of that notice in a newspaper of general
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G.R. No. 213617, April 18, 2018 - ARCH. EUSEBIO circulation.26 Moreover, the same was not put into issue in this case. The foreclosure proceedings were
B. BERNAL, DOING BUSINESS UNDER THE NAME AND nullified by the courts a quo merely as a consequence of the nullification of the REM deed. Consequently,
STYLE CONTEMPORARY BUILDERS, Petitioner, v. DR. We find that the foreclosure proceedings are likewise valid.
VIVENCIO VILLAFLOR AND DRA. GREGORIA
VILLAFLOR, Respondents. WHEREFORE, premises considered, the petition is GRANTED. The Decisions of the Regional Trial Court
dated February 9, 2011 and the Court of Appeals dated June 18, 2013 are REVERSED and SET ASIDE.
G.R. No. 214803, April 23, 2018 - ALONA G.
ROLDAN, Petitioner, v. SPOUSES CLARENCE I. The complaint filed by the respondents Spouses Efren and Lolita Soriano is hereby DISMISSED for lack
BARRIOS AND ANNA LEE T. BARRIOS, ROMMEL of merit.
MATORRES, AND HON. JEMENA ABELLAR ARBIS, IN
HER CAPACITY AS PRESIDING JUDGE, BRANCH 6, SO ORDERED.
REGIONAL TRIAL COURT, AKLAN, Respondents.
Leonardo-De Castro* and Peralta,**JJ., concur.
G.R. No. 228470, April 23, 2018 - LOADSTAR Sereno, C.J., (Chairperson) and Del Castillo, J., on leave.
INTERNATIONAL SHIPPING, INC., Petitioner, v.
ERNESTO AWITEN YAMSON, SUBSTITUTED BY HIS Endnotes:
HEIRS GEORGIA M. YAMSON AND THEIR CHILDREN,
NAMELY: JENNIE ANN MEDINA YAMSON, KIMBERLY
SHEEN MEDINA YAMSON, JOSHUA MEDINA YAMSON *Designated as Acting Chairperson pursuant to Special Order No. 2540 dated February 28,
AND ANGEL LOUISE MEDINA YAMSON, Respondents. 2018.
G.R. No. 201414, April 18, 2018 - PEDRO PEREZ, ** Designated as additional member, as per Raffle dated February 14, 2018.
Petitioner, v. PEOPLE OF THE PHILIPPINES,
Respondent. 1Rollo, pp. 3-15.
G.R. No. 198393, April 04, 2018 - REPUBLIC OF THE 2
PHILIPPINES, Petitioner, v. RODOLFO M. CUENCA, Penned by Associate Justice Danton Q. Bueser and concurred in by Associate Justices
FERDINAND E. MARCOS, IMELDA R. MARCOS, Amelita G. Tolentino and Ramon R. Garcia; id. at 46-53.
ROBERTO S. CUENCA, MANUEL I. TINIO, VICTOR
3 Id. at 71-73.
AFRICA, MARIO K. ALFELOR, DON M. FERRY AND
OSCAR BELTRAN, Respondents.
4 Penned by Judge Pablo M. Agustin; id. at 40-44.
G.R. No. 208091, April 23, 2018 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. BENITO MOLEJON, 5 Id. at 46-47.
Accused-Appellant.
6 Id. at 52.
G.R. No. 211232, April 11, 2018 - COCA-COLA
BOTTLERS PHILS., INC., Petitioner, v. SPOUSES 7
EFREN AND LOLITA SORIANO, Respondents. Id. at 94-100.
8 Id. at 98-99.
A.C. No. 9186, April 11, 2018 - ATTY. JUAN PAULO
VILLONCO, Complainant, v. ATTY. ROMEO G. ROXAS,
9 Id. at 74-83.
Respondent.
G.R. No. 226590, April 23, 2018 - SHIRLEY T. LIM, 10 G.R. No. 191174, June 07, 2017.
MARY T. LIMLEON AND JIMMY T. LIM, Petitioners, v.
PEOPLE OF THE PHILIPPINES, Respondent. 11 140 Phil. 171 (1969).
G.R. No. 206529, April 23, 2018 - RENANTE B. 12 Id. at 176-177.
REMOTICADO, Petitioner, v. TYPICAL CONSTRUCTION
TRADING CORP. AND ROMMEL M. ALIGNAY, 13
Respondents. 521 Phil. 796 (2006).
14 Id. at 810.
G.R. No. 229047, April 16, 2018 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. RAMONCITO
15Mathaeus v. Medequiso, 780 Phil. 309 (2016); Coquia v. Laforteza, A.C. No. 9364,
CORNEL Y ASUNCION, Accused-Appellants.
February 8, 2017.
G.R. No. 211187, April 16, 2018 - SCANMAR
MARITIME SERVICES, INC. AND CROWN 16Rural Bank of Cabadbaran, Inc., v. Melecio-Yap, et al., 740 Phil. 35 (2014).
SHIPMANAGEMENT, INC., Petitioners, v. CELESTINO
M. HERNANDEZ, JR., Respondent. 17Bitte, et al., v. Sps. Jonas, 775 Phil. 447, 462-463 (2015).
G.R. No. 216922, April 18, 2018 - JAYLORD DIMAL 18Castillo v. Security Bank Corporation, et al., 740 Phil. 145, 154 (2014).
AND ALLAN CASTILLO, Petitioners, v. PEOPLE OF THE
PHILIPPINES, Respondent. 19Bitte, et al., v. Sps. Jonas, supra at 464.
G.R. No. 230249, April 24, 2018 - ATTY. PABLO B.
20 609 Phil. 337, 346 (2009).
FRANCISCO, Petitioner, v. COMMISSION ON
ELECTIONS AND ATTY. JOHNIELLE KEITH P. NIETO,
Respondents. 21 Id.
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11/9/2019 G.R. No. 211232, April 11, 2018 - COCA-COLA BOTTLERS PHILS., INC., Petitioner, v. SPOUSES EFREN AND LOLITA SORIANO, Res…
G.R. No. 214759, April 04, 2018 - PEOPLE OF THE 1989 1990 1991 1992 1993 1994 1995 1996
PHILIPPINES, Plaintiff-Appellee, v. DINA CALATES Y
DELA CRUZ, Accused-Appellants. 1997 1998 1999 2000 2001 2002 2003 2004
2005 2006 2007 2008 2009 2010 2011 2012
G.R. No. 194765, April 23, 2018 - MARSMAN &
COMPANY, INC., Petitioner, v. RODIL C. STA. RITA, 2013 2014 2015 2016 2017 2018
Respondent.
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11/9/2019 G.R. No. 211232, April 11, 2018 - COCA-COLA BOTTLERS PHILS., INC., Petitioner, v. SPOUSES EFREN AND LOLITA SORIANO, Res…
Complainant, v. ROBERTO "BOBBY" R. DIMSON,
SHERIFF IV, REGIONAL TRIAL COURT OF VALENZUELA
CITY, BRANCH 171, Respondent.
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