Petitioner
Mae Flor Galido
Respondent
Nelson P. Magrare
Citation
G.R. No. 206584
Court
Supreme Court
Division
Second Division
Ponente
Carpio, J.
Decided
January 11, 2016

Summary

This case involves competing claims to three subdivided lots in Antique. Isagani Andigan sold portions to respondents Magrare, Palcat, and Bayombong in 1998, but later mortgaged the same properties to petitioner Galido in 2000. When respondents discovered the subdivision and mortgage, they registered adverse claims and successfully petitioned RTC Branch 11 to compel surrender of title certificates. Petitioner foreclosed the mortgage and obtained a Certificate of Sale, then sought to cancel the adverse claims. The Supreme Court ruled that no valid mortgage existed since Andigan had already sold the properties before mortgaging them, violating Civil Code requirements. The Court affirmed dismissal regarding two respondents but ordered impleading of the deceased Bayombong's heirs as indispensable parties to fully resolve the dispute over the third lot.

Statutes applied

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By the Intellegal Editorial Board · January 11, 2016

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