Facts:

The case involves the Bank of the Philippine Islands as the plaintiff and appellee, and B. A. Green, Oretha K. O’Brien, and S. W. O’Brien (the latter acting as guardian for the minors William Keister O’Brien, Frank Harmon O’Brien, Mary Virginia O’Brien, and James Byron O’Brien) as the defendants and appellants. The events leading to this case began on June 14, 1924, when the Bank of the Philippine Islands filed a complaint against B. A. Green in the Court of First Instance of Manila, seeking to recover a mortgage credit and foreclose properties mortgaged as security for payment. The court initially ruled in favor of the bank, ordering Green to pay a sum of P57,900, with stipulated interest and attorney's fees. However, the bank later filed a motion to amend the judgment, which was granted, leading to an amended judgment that required Green to deposit the amount within ninety days or face foreclosure of the mortgaged properties.

Green failed to comply, resulting in the p...

Facts:

1. Initial Mortgage and Foreclosure Proceedings:

   • On June 14, 1924, the Bank of the Philippine Islands (BPI) filed a complaint against B. A. Green in the Court of First Instance of Manila (Civil Case No. 24594) to recover a mortgage credit and foreclose the mortgaged properties.
   • The court rendered a judgment on December 23, 1925, ordering Green to pay P57,900 (minus P62.24) with 12% interest per annum from August 9, 1921, plus attorney’s fees and costs. The judgment also ordered the foreclosure of the mortgaged properties if Green failed to pay within 90 days.
   • Green appealed, but the Supreme Court affirmed the judgment on December 17, 1926.

2. Sale of Mortgaged Property in Manila:

   • Green failed to pay, and the mortgaged property on Azcarraga Street, Manila, was sold at public auction on October 9, 1927. BPI was the highest bidder, purchasing the property for P25,000.
   • The sale was approved by the court on December 16, 1927.

3. Second Mortgage and O’Briens’ Involvement:

   • The O’Briens held a second mortgage on the mortgaged property, which was noted on the transfer certificate of title. BPI filed a separate action (Civil Case No. 35023) to compel the O’Briens to redeem the property or have their mortgage extinguished.
   • The court ruled in favor of BPI, ordering the cancellation of the O’Briens’ second mortgage if they failed to redeem the property.

4. Foreclosure of Properties in Rizal:

   • On February 13, 1929, BPI filed another complaint (Civil Case No. 4099) in the Court of First Instance of Rizal to recover the unpaid balance of the judgment (P68,618.46) and foreclose the mortgaged properties in Rizal.
   • The court ordered the foreclosure of the Rizal properties, but the Supreme Court reversed this decision on December 12, 1932, dismissing the complaint without prejudice.

5. Revival of Judgment:

   • On March 10, 1933, BPI filed the present action to revive the 1925 judgment and foreclose the Rizal properties to recover the unpaid balance. The trial court ruled in favor of BPI, ordering the foreclosure of the Rizal properties and declaring the O’Briens’ second mortgage extinguished if they failed to redeem the property.

Issue:

1. Whether the trial court erred in overruling the demurrer to the complaint, which alleged that the complaint was vague, ambiguous, and unintelligible, and that there was a misjoinder of defendants.
2. Whether the trial court erred in rendering a judgment for the foreclosure of the Rizal properties and declaring the O’Briens’ mortgage lien extinguished unless they redeemed the properties.
3. Whether the trial court erred in not holding that the unpaid balance of the judgment against Green was a personal money judgment and not secured by the Rizal properties.

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)