19 MILES Vs LAO

SUPREME COURT REPORTS ANNOTATED 846 4/1/20, 3:34 AM
G.R. No. 209544. November 22, 2017.*
SPOUSES ELLIS R. MILES and CAROLINA

RONQUILLO-MILES, petitioners, vs. BONNIE BAUTISTA
LAO, respondent.
Remedial Law; Special Civil Actions; Mortgages; Foreclosure of

Mortgage; Despite the fact that the mortgagor is not the owner of the
mortgaged property, his title being fraudulent, the mortgage contract
and any foreclosure sale arising therefrom are given effect by reason
of public policy.·At the outset, We note that the issue of whether a
mortgagee is in good faith generally cannot be entertained in a
petition filed under Rule 45 of the 1997 Rules of Civil Procedure, as
amended. This is because the ascertainment of good faith or the
lack thereof, and the determination of negligence are factual
matters which lay outside the scope of a petition for review on
certiorari. However, a recognized exception to this rule is when the
RTC and the CA have divergent findings of fact as in the case at
bar. There is indeed a situation where, despite the fact that the
mortgagor is not the owner of the mortgaged property, his title
being fraudulent, the mortgage contract and any foreclosure sale
arising therefrom are given effect by reason of public policy. This is
the doctrine of „the mortgagee in good faith‰ based on the rule that
buyers or mortgagees dealing with property covered by a Torrens
Certificate of Title are not required to go beyond what appears on
the face of the title.
Same; Same; Same; A mortgagee has a right to rely in good
faith on the certificate of title of the mortgagor of the property given
as security, and in the absence of any sign that might arouse
suspicion, the mortgagee has no obligation to undertake further
investigation.·Indeed, a mortgagee has a right to rely in good faith
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on the certificate of title of the mortgagor of the property given as

security, and in the absence of any sign that might arouse suspicion,
the mortgagee has no obligation to undertake further investigation.
This doctrine presupposes, however, that the mortgagor, who is not
the rightful owner of the property, has already succeeded in
obtaining Torrens title over the property in his name and that, after
obtaining
_______________
* FIRST DIVISION.
282
282 SUPREME COURT REPORTS ANNOTATED

Miles vs. Lao
the said title, he succeeds in mortgaging the property to

another who relies on what appears on the title.
Good Faith; Good faith, or want of it, is capable of being
ascertained only from the acts of one claiming its presence, for it is a
condition of the mind which can be judged by actual or fancied token
or signs.·In ascertaining good faith, or the lack of it, which is a
question of intention, courts are necessarily controlled by the
evidence as to the conduct and outward acts by which alone the
inward motive may, with safety, be determined. Good faith, or want
of it, is capable of being ascertained only from the acts of one
claiming its presence, for it is a condition of the mind which can be
judged by actual or fancied token or signs. Good faith, or want of it,
is not a visible, tangible fact that can be seen or touched, but rather
a state or condition of mind which can only be judged by actual or
fancied token or signs. Good faith connotes an honest intention to
abstain from taking unconscientious advantage of another. In
Manaloto, et al. v. Veloso III, 632 SCRA 347 (2010), the Court
defined good faith as „an honest intention to abstain from taking
any unconscientious advantage of another, even through the forms
or technicalities of the law, together with an absence of all
information or belief of fact which would render the transaction
unconscientious. In business relations, it means good faith as
understood by men of affairs.‰

Remedial Law; Special Civil Actions; Mortgages; In Sps. Yap
and Guevarra v. First e-Bank Corp., 601 SCRA 250 (2009), the
Supreme Court (SC) already recognized that if the debtor fails (or
unjustly refuses) to pay his debt when it falls due and the debt is
secured by a mortgage and by a check, the creditor has three (3)
options against the debtor and the exercise of one will bar the
exercise of the others.·Neither is respondentÊs act of filing a
foreclosure suit instead of a criminal case against spouses Ocampo
indicative of her bad faith. In Sps. Yap and Guevarra v. First e-Bank
Corp., 601 SCRA 250 (2009), this Court already recognized that if
the debtor fails (or unjustly refuses) to pay his debt when it falls
due and the debt is secured by a mortgage and by a check, the
creditor has three options against the debtor and the exercise of one
will bar the exercise of the others. The remedies include foreclosure
and filing of a criminal case for violation of BP 22 (Bouncing Checks
Law). Verily, when respondent opted to foreclose, he merely
exercised a privilege granted to him by law as a secured creditor.
Hence, without suffi-
283
VOL. 846, NOVEMBER 22, 2017 283

Miles vs. Lao
cient justification, We cannot impute bad faith on respondent

by her exercise of such right.
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.
Jesus M. Bautista for petitioners.
Sebastian, Liganor, Galinato & Alamis for respondent.
TIJAM, J.:
This resolves the Petition for Review on Certiorari1

under Rule 45 assailing the Decision2 dated May 24, 2013
and Resolution3 dated September 30, 2013 of the Court of
Appeals (CA) in C.A.-G.R. CV No. 95973.
The Antecedents
This case stemmed from a complaint4 filed by petitioner

Spouses Ellis and Carolina Miles (Petitioners) against
spouses Ricardo and Cresencia Ocampo (spouses Ocampo),
spouses Rodora and Reynaldo Jimenez, Bonnie Bautista
Lao (respondent), Atty. Mila Flores, in her capacity as the
Register of Deeds, Makati City and Atty. Engracio M.
Escasinas, Jr., in his capacity as the Clerk of Court VII and
Ex Officio Sheriff of the Regional Trial Court (RTC),
Makati City.
Petitioners claimed that on March 28, 1983, they
became registered owners in fee simple of a parcel of land
in Makati
_______________
1 Rollo, pp. 9-40.

2 Penned by Associate Justice Samuel H. Gaerlan, with Associate
Justices Apolinario D. Bruselas, Jr. and Priscilla J. Baltazar-Padilla,
concurring; id., at pp. 41-49.
3 Id., at pp. 74-75.
4 Id., at pp. 98-113.
284

Miles vs. Lao
City, covered by Transfer Certificate of Title (TCT) No.

1204275 (subject property). They averred that before they
left for the United States, they entrusted the duplicate of
the TCT of the subject property to their niece, defendant
Rodora Jimenez (Rodora) so that she may offer it to
interested buyers. They claimed that no written Special
Power of Attorney (SPA) to sell the property was given to
Rodora.
They alleged that Rodora and spouses Ocampo conspired
and made it appear, through a falsified Deed of Donation

dated April 21, 1998, that petitioners were donating the
subject property to spouses Ocampo. As a result, TCT No.
120427 was cancelled and a new one, TCT No. 2123146 was
issued in the name of spouses Ocampo.
Later on, petitioners claimed that through falsification,
evident bad faith and fraud, spouses Ocampo caused the
execution of a falsified Real Estate Mortgage7 in favor of
respondent Lao, with the subject property as security, in
exchange of a loan in the amount of Php2,500,000. Since
the spouses Ocampo failed to pay the loan, respondent
foreclosed the mortgage.
Alleging that there was collusion among the defendants,
petitioners prayed that TCT No. 21234 in the name of
spouses Ocampo be cancelled, and TCT No. 120427 under
their name be restored. They also prayed for the
nullification of the Deed of Donation8 dated April 21, 1998,
the mortgage executed by spouses Ocampo in favor of
respondent and the cancellation of the mortgage inscription
on the title of the property.
For their part, all the defendants denied petitionersÊ
claim that there was collusion among them.
_______________
5 Id., at p. 127.
6 Id., at p. 114.
7 Id., at pp. 118-123.
8 Id., at pp. 116-117.
285
VOL. 846, NOVEMBER 22, 2017 285

Miles vs. Lao
For defendant Rodora, she claimed that she is related to

petitioners by consanguinity, and by affinity to spouses
Ocampo. She admitted to the sale of the subject property to
spouses Ocampo. She however claimed that the sale was
with petitionersÊ knowledge and consent through a SPA9
dated July 10, 1997. She claimed that petitioners

communicated the same via overseas call. She claimed that
the agreement was for spouses Ocampo to pay the
consideration within two months from the execution of the
Deed of Sale on February 13, 1998.10
Spouses Ocampo maintained that they acquired the
property in good faith and for value. They offered in
evidence an SPA purportedly executed by petitioners
authorizing Rodora to sell the property and a Deed of Sale11
purportedly executed by Rodora in their favor.12
Meanwhile, respondent alleged that she entered into a
mortgage contract with spouses Ocampo without
knowledge that their title thereon was defective. She
claimed that at the time of the mortgage, the subject
property was in the name of spouses Ocampo and there
was nothing in the title which suggested that it was
fraudulently acquired. She even claimed that she
conducted an ocular inspection on the property to
determine if there were other occupants thereon but none
were found.13
The Ruling of the RTC
In a Decision14 dated January 14, 2009, the RTC ruled

in favor of petitioners. The dispositive portion of the
Decision reads:
_______________
9 Id., at p. 126.
10 Id., at pp. 134-135.
11 Id., at pp. 124-125.
12 Id., at pp. 128-133.
13 Id., at pp. 137-149.
14 Id., at pp. 85-96.
286

Miles vs. Lao
In view of the foregoing antecedents, judgment is

rendered in favor of the plaintiffs and against the
defendants, as follows:
1. Declaring Transfer Certificate of Title No. 21234
in the name of [Spouses Ocampo] as null and
void and of no legal force and effect and TCT No.
120427 in the name of Ellis Miles is hereby
restored;
2. The Deed of Donation dated 21 April 1998, Deed
of Absolute Sale, Special Power of Attorney and
all other documents resulting to the cancellation
of TCT No. 120427 as well as the Real Estate
Mortgage dated 22 December 1998 inscribed
under Entry No. 21772/T-212314, they are
declared null and void and of no legal force and
effect whatsoever;
3. [Respondent] is hereby ordered to voluntarily
and peacefully surrender to the Court the
OwnerÊs Duplicate of TCT No. 212314 within
fifteen (15) days from finality of the judgment
for purposes of cancellation;
4. Ordering the Register of Deeds of Makati City to
cancel all of the entries appearing at the dorsal
portion of TCT No. 120427;
5. Ordering defendants [Rodora] and [spouses
Ocampo] jointly and severally to pay
[petitioners] the amount of P572,940.00 (sic)
representing their airfare from the USA to the
Philippines;
6. Ordering defendants Jimenez and [spouses
[petitioners] the amount of P1,000,000.00 as
moral and exemplary damages; and
7. Ordering defendants Jimenez and [spouses
[petitioners] the amount of P500,000.00 as and
for attorneyÊs fees.
The compulsory counterclaim of defendants are
denied for lack of merit. Likewise, for failure to prove
the same, [respondent]Ês cross-claim against
defendants Jimenez and [spouses Ocampo] are
denied.
287
VOL. 846, NOVEMBER 22, 2017 287

Miles vs. Lao
SO ORDERED.15
Only respondent appealed to the CA. Meanwhile, it

appears that the trial court issued a writ of execution16
dated July 8, 2010, implementing paragraphs 4 to 7 of its
January 14, 2009 Decision.
The Ruling of the CA
The appellate court reversed the trial court and ruled

that respondent is a mortgagee in good faith. The
dispositive portion of its Decision17 states:
WHEREFORE, premises considered, the instant Appeal is

GRANTED and the Decision dated 14 January 2009 of the
Regional Trial Court of Makati City, Branch 146, in Civil
Case No. 99-1986 is REVERSED and SET ASIDE insofar
as defendant-appellant Bonnie S. Lao is concerned.
Accordingly, the Real Estate Mortgage dated 22 December
1998 between defendant Spouses Ricardo Ocampo and
Cresencia Ocampo and defendant-appellant Bonnie S. Lao is
hereby declared VALID and with LEGAL FORCE and
EFFECT.
SO ORDERED.18
PetitionersÊ motion for reconsideration was likewise

denied in the CAÊs Resolution dated September 30, 2013.
Hence, this petition.
_______________
15 Id., at p. 95.
16 Id., at pp. 156-159.
17 Id., at pp. 41-49.

18 Id., at p. 48.
288

Miles vs. Lao
The Ruling of the Court
The only issue for Our resolution is whether or not the

CA erred in ruling that respondent is a mortgagee in good
faith.
In this petition, petitioners alleged that respondent
never conducted an investigation on the title of spouses
Ocampo and the status of the subject property when she
entered into a mortgage contract with the spouses Ocampo.
They also conclude that respondent was not diligent when
she dealt with the spouses Ocampo through one Carlos
Talay.
At the outset, We note that the issue of whether a
mortgagee is in good faith generally cannot be entertained
in a petition filed under Rule 45 of the 1997 Rules of Civil
Procedure, as amended.19 This is because the
ascertainment of good faith or the lack thereof, and the
determination of negligence are factual matters which lay
outside the scope of a petition for review on certiorari.20
However, a recognized exception to this rule is when the
RTC and the CA have divergent findings of fact as in the
case at bar.21
There is indeed a situation where, despite the fact that
the mortgagor is not the owner of the mortgaged property,
his title being fraudulent, the mortgage contract and any
foreclosure sale arising therefrom are given effect by
reason of public policy.22 This is the doctrine of „the
mortgagee in good faith‰ based on the rule that buyers or
mortgagees dealing with property covered by a Torrens
Certificate of Title are not required to go beyond what
appears on the face of the title.
_______________
19 Arguelles v. Malarayat Rural Bank, Inc., 730 Phil. 226, 234; 719
SCRA 563, 571-572 (2014).
20 Philippine National Bank v. Vila, G.R. No. 213241, August 1, 2016,
799 SCRA 90.
21 Arguelles v. Malarayat Rural Bank, Inc., supra at pp. 234-235; pp.
571-572.
22 Bank of Commerce v. San Pablo, Jr., 550 Phil. 805, 820-821; 522
SCRA 713, 726 (2007), citing Cavite Development Bank v. Lim, 381 Phil.
355, 368; 324 SCRA 346, 358 (2000).
289
VOL. 846, NOVEMBER 22, 2017 289

Miles vs. Lao
Indeed, a mortgagee has a right to rely in good faith on

the certificate of title of the mortgagor of the property given
as security, and in the absence of any sign that might
arouse suspicion, the mortgagee has no obligation to
undertake further investigation. This doctrine presupposes,
however, that the mortgagor, who is not the rightful owner
of the property, has already succeeded in obtaining Torrens
title over the property in his name and that, after obtaining
the said title, he succeeds in mortgaging the property to
another who relies on what appears on the title.
The Court, in the case of Andres, et al. v. Philippine
National Bank,23 explained the dynamics of the burden of
discovery in said doctrine, to wit:
The doctrine protecting mortgagees and innocent

purchasers in good faith emanates from the social interest
embedded in the legal concept granting indefeasibility of
titles. The burden of discovery of invalid transactions relating
to the property covered by a title appearing regular on its face
is shifted from the third party relying on the title to the co-
owners or the predecessors of the title holder. Between the
third party and the co-owners, it will be the latter that will be
more intimately knowledgeable about the status of the
property and its history. The costs of discovery of the basis of
invalidity, thus, are better borne by them because it would

naturally be lower. A reverse presumption will only increase
costs for the economy, delay transactions, and, thus, achieve a
less optimal welfare level for the entire society.24
In cases where the mortgagee does not directly deal with

the registered owner of real property, the law requires that
a higher degree of prudence be exercised by the
mortgagee.25
_______________
23 Andres v. Philippine National Bank, 745 Phil. 459; 738 SCRA 344
(2014).
24 Id., at p. 473; p. 361.
25 Mercado v. Allied Banking Corporation, 555 Phil. 411, 427; 528
SCRA 444, 460 (2007).
290

Miles vs. Lao
In this case, the title of the property under the name of

spouses Ocampo was already registered as early as May 6,
1998, while the real estate mortgage was executed
December 16, 1998. Hence, it is clear that respondent had
every right to rely on the TCT presented to her insofar as
the mortgagorsÊ right of ownership over the subject
property is concerned.
Petitioners and the RTC however claims that
respondent is in bad faith considering that she did not
directly deal with the mortgagors, and dealt with them only
through respondentÊs agent, Carlos Talay.
We find otherwise.
PetitionersÊ line of argument is non sequitur and is
simply insufficient to controvert respondentÊs good faith as
mortgagee.
In ascertaining good faith, or the lack of it, which is a
question of intention, courts are necessarily controlled by

the evidence as to the conduct and outward acts by which
alone the inward motive may, with safety, be determined.
Good faith, or want of it, is capable of being ascertained
only from the acts of one claiming its presence, for it is a
condition of the mind which can be judged by actual or
fancied token or signs.26 Good faith, or want of it, is not a
visible, tangible fact that can be seen or touched, but rather
a state or condition of mind which can only be judged by
actual or fancied token or signs.27 Good faith connotes an
honest intention to abstain from taking unconscientious
advantage of another.28 In Manaloto, et al. v. Veloso III,29
the Court defined good faith as „an honest intention to
abstain from taking any unconscientious advantage of
another, even through the forms or technicalities of
_______________
26 Expresscredit Financing Corporation v. Velasco, 510 Phil. 342, 352;

473 SCRA 570, 578 (2005).
27 Id.
28 Philippine National Bank v. Heirs of Estanislao Militar, 526 Phil.
788; 494 SCRA 308 (2006).
29 646 Phil. 639; 632 SCRA 347 (2010).
291
VOL. 846, NOVEMBER 22, 2017 291

Miles vs. Lao
the law, together with an absence of all information or

belief of fact which would render the transaction
unconscientious. In business relations, it means good faith
as understood by men of affairs.‰30
In this case, respondentÊs decision to deal with the
mortgagors through a middleman, does not equate to bad
faith. At the outset, it bears to stress that the spouses
Ocampo were already the registered owners of the property
at the time they entered into a mortgage contract with
respondent. Hence, respondent was justified in relying on
the contents of TCT No. 212314 and is under no legal

obligation to further investigate. Likewise, there is nothing
in the records, and neither did petitioners point to anything
in the title which would arouse suspicions as to the spouses
OcampoÊs defective title to the subject property.
While arguably, respondentÊs decision to use a
middleman in her transactions with the mortgagors could
be characterized as risky or reckless, the same does not
establish a corrupt motive on the part of respondent, nor an
intention to take advantage of another person. Indeed, bad
faith does not simply connote bad judgment or negligence.31
We also note respondentÊs insistence that she conducted
an ocular inspection on the subject property and found that
the lot was vacant before she decided to enter into a
mortgage contract with spouses Ocampo. This fact
remained uncontroverted throughout the trial before the
RTC. We agree with respondent that the allegation set
forth in spouses OcampoÊs Manifestation and Motion to Set
Aside Decision32 against Defendants Spouses Ocampo
dated November 3, 2009 cannot be appreciated to
contradict the established fact that respon-
_______________
30 Id., at p. 656; pp. 364-365.

31 Adriano v. Lasala, 719 Phil. 408, 419; 707 SCRA 345, 358 (2013).
292

Miles vs. Lao
dent made an ocular inspection of the subject property. The

pertinent portion of the said manifestation states:
2. However, long before the said decision was rendered, the

plaintiffs have already taken possession of the property
subject of this litigation by way of recovering their ownership
thereof;
3. In fact, plaintiffs had long been leasing the subject
property to a certain JUAN ARMAMENTO, a barangay

kagawad of Pio del Pilar;
4. The foregoing facts render the decision of the Court moot
and academic insofar as defendants Spouses Ocampo are
concerned, no longer enforceable against them, having in
effect been satisfied.33
Suffice it to state that the aforesaid statements are mere

allegations, not presented during trial, and are
unsupported by any evidence.34 Hence, We cannot accord
weight to them. Certainly, it is plausible that the lease to
the aforesaid Armamento could have occurred after the
mortgage was already executed, and even during the
pendency of the case.
Neither is respondentÊs act of filing a foreclosure suit
instead of a criminal case against spouses Ocampo
indicative of her bad faith. In Sps. Yap and Guevarra v.
First e-Bank Corp.,35 this Court already recognized that if
the debtor fails (or unjustly refuses) to pay his debt when it
falls due and the debt is secured by a mortgage and by a
check, the creditor has three options against the debtor and
the exercise of one will bar the exercise of the others. The
remedies include foreclosure and filing of a criminal case
for violation of BP 22 (Bouncing Checks Law). Verily, when
respondent opted to
_______________
32 Rollo, pp. 160-163.

33 Id., at pp. 161-162.
34 Guidangen v. Wooden, 682 Phil. 112, 124; 666 SCRA 119, 130-131
(2012).
293
VOL. 846, NOVEMBER 22, 2017 293

Miles vs. Lao
foreclose, he merely exercised a privilege granted to him by
law as a secured creditor. Hence, without sufficient

justification, We cannot impute bad faith on respondent by
her exercise of such right.
WHEREFORE, the petition is DENIED for lack of
merit. The Decision dated May 24, 2013 and Resolution
dated September 30, 2013 of the Court of Appeals in C.A.-
G.R. CV No. 95973 are hereby AFFIRMED.
SO ORDERED.
Sereno (CJ., Chairperson), Leonardo-De Castro, Del

Castillo and Jardeleza, JJ., concur.
Petition denied, judgment and resolution affirmed.
Notes.·It is settled that a mortgagee does not become

the owner of the mortgaged property until he has foreclosed
the mortgage and, thereafter, purchased the property at
the foreclosure sale. (Quintos vs. Department of Agrarian
Reform Adjudication Board, 715 SCRA 592 [2014])
In extrajudicial foreclosure of mortgage, where the
proceeds of the sale are insufficient to pay the debt, the
mortgagee has the right to recover the deficiency from the
debtor. (Metropolitan Bank and Trust Company vs. CPR
Promotions and Marketing, Inc., 760 SCRA 59 [2015])
··o0o··
_______________
35 617 Phil. 57; 601 SCRA 250 (2009).
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SUPREME COURT REPORTS ANNOTATED 846 4/1/20, 3:34 AM

G.R. No. 209544. November 22, 2017.*

SPOUSES ELLIS R. MILES and CAROLINA

Remedial Law; Special Civil Actions; Mortgages; Foreclosure of

on the certificate of title of the mortgagor of the property given as

282 SUPREME COURT REPORTS ANNOTATED

the said title, he succeeds in mortgaging the property to

understood by men of affairs.‰

VOL. 846, NOVEMBER 22, 2017 283

cient justification, We cannot impute bad faith on respondent

PETITION for review on certiorari of the decision and

This resolves the Petition for Review on Certiorari1

Appeals (CA) in C.A.-G.R. CV No. 95973.

This case stemmed from a complaint4 filed by petitioner

1 Rollo, pp. 9-40.

284 SUPREME COURT REPORTS ANNOTATED

City, covered by Transfer Certificate of Title (TCT) No.

and made it appear, through a falsified Deed of Donation

VOL. 846, NOVEMBER 22, 2017 285

For defendant Rodora, she claimed that she is related to

dated July 10, 1997. She claimed that petitioners

The Ruling of the RTC

In a Decision14 dated January 14, 2009, the RTC ruled

286 SUPREME COURT REPORTS ANNOTATED

In view of the foregoing antecedents, judgment is

VOL. 846, NOVEMBER 22, 2017 287

Only respondent appealed to the CA. Meanwhile, it

The Ruling of the CA

The appellate court reversed the trial court and ruled

WHEREFORE, premises considered, the instant Appeal is

PetitionersÊ motion for reconsideration was likewise

17 Id., at pp. 41-49.

288 SUPREME COURT REPORTS ANNOTATED

The Ruling of the Court

The only issue for Our resolution is whether or not the

VOL. 846, NOVEMBER 22, 2017 289

Indeed, a mortgagee has a right to rely in good faith on

The doctrine protecting mortgagees and innocent

invalidity, thus, are better borne by them because it would

In cases where the mortgagee does not directly deal with

290 SUPREME COURT REPORTS ANNOTATED

In this case, the title of the property under the name of

question of intention, courts are necessarily controlled by

26 Expresscredit Financing Corporation v. Velasco, 510 Phil. 342, 352;

VOL. 846, NOVEMBER 22, 2017 291

the law, together with an absence of all information or

the contents of TCT No. 212314 and is under no legal

30 Id., at p. 656; pp. 364-365.

292 SUPREME COURT REPORTS ANNOTATED

dent made an ocular inspection of the subject property. The

2. However, long before the said decision was rendered, the

property to a certain JUAN ARMAMENTO, a barangay

Suffice it to state that the aforesaid statements are mere

32 Rollo, pp. 160-163.

VOL. 846, NOVEMBER 22, 2017 293

foreclose, he merely exercised a privilege granted to him by

law as a secured creditor. Hence, without sufficient

Sereno (CJ., Chairperson), Leonardo-De Castro, Del

Petition denied, judgment and resolution affirmed.