Petitioner
Spouses Gildardo Loquellano
Respondent
Hongkong
Citation
G.R. No. 200553
Court
Supreme Court
Division
Third Division
Ponente
Peralta, J.
Decided
December 10, 2018

Summary

This case involves spouses who challenged the extrajudicial foreclosure of their mortgaged property by HSBC-Staff Retirement Plan. After Rosalina Loquellano's dismissal from HSBC in 1993, she initially defaulted on her housing loan but resumed payments from August 1995 to June 1996. Despite accepting these payments and continuously sending installment reminders showing reduced balances, HSBC-SRP foreclosed the property in May 1996. The Supreme Court applied the doctrine of estoppel, ruling that HSBC-SRP's acceptance of delayed payments and issuance of installment reminders estopped them from enforcing foreclosure. The Court declared the foreclosure invalid, emphasizing that creditors cannot adopt inconsistent positions that prejudice debtors who rely on their conduct in good faith.

Statutes applied

Related cases

Other Philippine cases on the same provisions and issues.

By Intellegal Editorial Board · December 10, 2018

Search Philippine case law on Intellegal →
AI-assisted case analysis — for research only. Verify against the official decision. A research aid, not legal advice; using this page creates no attorney-client relationship. For legal advice, consult a Philippine lawyer. Verify every holding and citation against the official decision (Supreme Court E-Library / Official Gazette) before relying on it.