Philippine National Bank v · G.R. 182839

Petitioner: Philippine National Bank
Respondent: Jose Garcia
Citation: G.R. No. 182839
Court: Supreme Court
Division: Second Division
Ponente: Brion, J.
Decided: June 2, 2014

Summary

Philippine National Bank sought to enforce a real estate mortgage over property originally owned by Jose Garcia Sr. and his deceased wife Ligaya. Their children challenged the mortgage's validity, claiming the property was conjugal and Jose Sr. lacked authority to mortgage it without their consent. The Supreme Court affirmed that the property retained its conjugal character despite being registered solely in Jose Sr.'s name, as it was acquired during marriage. Upon Ligaya's death, the property became subject to co-ownership between Jose Sr. and his children as heirs. Under Article 493 of the Civil Code, Jose Sr. could only mortgage his undivided share, not the entire property. The mortgage remained valid but limited to Jose Sr.'s portion allocable upon partition, protecting the children's inheritance rights while recognizing legitimate banking interests.

Statutes applied

Civil Code, Art. 493

Related cases

Other Philippine cases on the same provisions and issues.

Nieves Navarro v. Zenaida Cayabyab Harris G.R. No. 228854
Reynaldo Reyes v. Sps. Wilfredo G.R. No. 225159
Norma C. Magsano v. Pangasinan Savings G.R. No. 215038
Heirs of Cayetano Pangan v. Spouses Rogelio Perreras G.R. No. 157374
Benjamin Coronel v. Florentino Constantino G.R. No. 121069
Nelson Nufable v. Generosa Nufable G.R. No. 126950
Marina Z. Reyes v. The Honorable Alfredo B. Concepcion G.R. No. 56550
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By the Intellegal Editorial Board · June 2, 2014

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