Petitioner
Landbank of the Philippines
Respondent
Albrando R. Abellana
Citation
G.R. No. 237369
Court
Supreme Court
Division
First Division
Ponente
Hernando, J.
Decided
October 19, 2022

Summary

Landbank successfully challenged property owner Abellana's declaration of nullity action against extrajudicial foreclosure proceedings. After failing to redeem foreclosed property and losing a repurchase case, Abellana filed a separate action to declare the foreclosure null and void. The Supreme Court ruled that while such nullity actions are generally imprescriptible under Article 1410 of the Civil Code, Abellana was estopped by his prior judicial admissions in the repurchase case where he acknowledged the validity of the foreclosure and Landbank's ownership. The Court emphasized that judicial admissions are conclusive and prevent parties from taking contradictory positions in subsequent cases, warranting dismissal for lack of cause of action without need for trial.

Statutes applied

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By Intellegal Editorial Board · October 19, 2022

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