Title
Agricultural Credit Cooperative Association of Hinigaran vs. Yusay
Case
G.R. No. L-13313
Decision Date
Apr 28, 1960
Appeal over mortgage registration of Lot No. 855; court affirmed ministerial act of registration, leaving validity to separate proceedings.
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Case Digest (G.R. No. L-13313)

Facts:

This case involves an appeal from an order of the Court of First Instance of Negros Occidental, directing the Register of Deeds of Negros Occidental to register a mortgage executed by Rafaela Yulo in favor of the movant, the Agricultural Credit Cooperative Association of Hinigaran, covering Lot No. 855, Pontevedra Cadastre. The mortgage was executed on July 20, 1952, for P33,626.29, which Rafaela Yulo assumed to pay on behalf of her family and others. The movant sought the surrender of the owner's duplicate certificate of title to annotate the mortgage. Estanislao Yusay and other part owners of the lot opposed the petition, arguing that they did not participate in the mortgage, that Rafaela Yulo is deceased, and that the movant's rights have lapsed by prescription. They also contended that the court lacks jurisdiction to pass upon the controversial matter of the mortgage's validity.

Issue:

The main issues raised in this case are:

  1. Whether the court has jurisdiction to order the registration of the mortgage despite the oppositors' claims of non-participation in the mortgage and the alleged invalidity of the mortgage.
  2. Whether the mortgage can be registered even if it was recorded after the closing of the intestate proceedings of the deceased mortgagor, reducing it to a mere money claim rather than a mortgage.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)


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