Petitioner
Mamerta Vda. de Jayme
Respondent
Hon. Court of Appeals
Citation
G.R. No. 128669
Court
Supreme Court
Division
Second Division
Ponente
Quisumbing, J.
Decided
October 4, 2002

Summary

The Jayme spouses owned property that was leased to Cebu Asiancars Inc. with a stipulation that any building constructed would transfer to them upon lease termination. When Asiancars needed a P6,000,000 loan from MBTC, the spouses mortgaged their entire property as security, assisted by counsel and after consulting their children. Asiancars defaulted, and MBTC foreclosed the mortgage, purchasing the property at public auction in 1981. Asiancars also transferred the building to MBTC via dacion en pago. The Jaymes sued claiming fraud and seeking annulment, but the Supreme Court upheld the mortgage's validity, finding no vitiated consent. The Court recognized third-party mortgages under the Civil Code and held that the spouses lost their redemption rights after failing to redeem within the prescribed period. While MBTC was declared the rightful owner, Asiancars and its officers remained liable under their undertaking to compensate the Jaymes, with damages totaling over P4 million. The decision demonstrates the binding nature of third-party mortgages and the importance of understanding contractual obligations in commercial transactions.

Statutes applied

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By the Intellegal Editorial Board · October 4, 2002

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