Title
A. Francisco Realty and Development Corp. vs. Court of Appeals
Case
G.R. No. 125055
Decision Date
Oct 30, 1998
Petitioner registered property sale after respondents defaulted on loan interest, but SC voided transfer as pactum commissorium, affirming RTC jurisdiction over ownership claims.

Case Digest (G.R. No. 125055)
Expanded Legal Reasoning Model

Facts:

  • Background and Parties
    • Petitioner: A. Francisco Realty and Development Corporation.
    • Respondents: Spouses Romulo S. Javillonar and Erlinda P. Javillonar.
    • The controversy involves a series of financial transactions between petitioner and respondents, particularly involving loans secured by real property.
  • Loan Agreements and Security Instruments
    • An initial loan of ₱7.5 million was granted by petitioner to respondents.
      • In connection with this loan, respondents executed the following documents:
        • A promissory note (dated November 27, 1991) with an interest charge of 4% per month for six months.
ii. A deed of mortgage over a property covered by Transfer Certificate of Title (TCT) No. 58748, including improvements. iii. An undated deed of sale serving as additional security for the loan, permitting the mortgagee (petitioner) to register the sale under certain conditions.
  • Interest payment arrangements:
    • Payment was structured in four installments, with half of the total interest (₱900,000) deducted in advance from the loan proceeds and the remainder paid monthly via post-dated checks (March 27, April 27, and May 27, 1992).
ii. The promissory note contained a stipulation that, upon respondents’ failure to pay interest without prior arrangement, full possession of the property would be transferred and the deed of sale registered.
  • Execution of Security Documents
    • A duplicate of TCT No. 58748 was delivered to petitioner as security.
    • Subsequent to the alleged non-payment of interest, petitioner registered the sale of the property in its favor on February 21, 1992, cancelled the original TCT, and a new title (TCT No. PT-85569) was issued in petitioner’s name.
  • Additional Loan Transaction
    • On March 13, 1992, respondents obtained an additional loan of ₱2.5 million from petitioner.
    • Respondents executed a promissory note promising to pay the additional loan amount on or before April 27, 1992, with 4% monthly interest.
    • A clause similar to the initial transaction was included, providing that if respondents defaulted, petitioner could appropriate and occupy the property located at 56 Dragonfly, Valle Verde VI, Pasig.
  • Petitioner's Claims and Subsequent Litigation
    • Petitioner’s Claims
      • Petitioner claimed respondents defaulted by failing to pay the stipulated interest and rental fees (₱400,000 per month after May 1992).
      • The petition sought both physical possession of the mortgaged realty and payment of accrued interest and surcharges.
    • Respondents’ Defenses and Counterclaims
      • Respondents admitted to the loan but contended:
        • The undated deed of sale was executed merely as an additional security measure, not as an outright sale.
ii. They were not properly notified of the registration of the sale and maintained that they continued to pay interest after the registration.
  • As an ancillary defense, respondents argued that the trial court lacked jurisdiction (alleging the case qualified as ejectment/unlawful detainer, which is exclusively within the purview of municipal trial courts).
  • In counterclaim, respondents sought cancellation of TCT No. PT-85569 and the issuance of a new title in their name.
  • Trial Court Decision and Appeal
    • On December 19, 1992, the Regional Trial Court ruled in favor of petitioner, declaring petitioner the legal and valid owner of the property under TCT No. PT-85569, and ordered respondents to cease any dispossession.
    • Respondents appealed, and the Court of Appeals reversed the trial court decision based on two grounds:
      • Lack of jurisdiction of the trial court (characterizing the case as an action for unlawful detainer).
ii. Nullity of the deed of sale for being a pactum commissorium under Article 2088 of the Civil Code.
  • Procedural History
    • Petitioner filed a motion for reconsideration with the Court of Appeals, which was denied in a resolution dated May 7, 1996.
    • Petitioner then elevated the case to the Supreme Court via a petition for review on certiorari.

Issues:

  • Jurisdictional Issue
    • Whether the Court of Appeals erred in holding that the Regional Trial Court lacked jurisdiction over petitioner’s complaint.
    • Discussion centered on the proper classification of the case as either an ejectment (accion publiciana) or an unlawful detainer (accion interdictal), which determines the proper forum.
  • Nature of the Contractual Provisions
    • Whether the provisions contained in the promissory notes and the deed of sale amounted to a pactum commissorium as defined under Article 2088 of the Civil Code.
    • This involves scrutiny on whether the automatic transfer of ownership upon default by respondents violates the prohibition against the creditor’s right to appropriate the mortgaged property.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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