Case Digest (G.R. No. 22197)
Facts:
The case involves Gil Calimbas, the administrator of the estate of the deceased Anselma V. Angeles, as the plaintiff and appellant, against Severina Paguio, the defendant and appellant. The proceedings took place in the Court of First Instance of Bataan, with the judgment rendered on December 2, 1924. The case arose from a foreclosure proceeding initiated by Calimbas, who claimed that Paguio owed a debt of P5,964 to Angeles, which was secured by a mortgage on a property described in certificate of title No. 1044. This debt, evidenced by a document executed by Paguio on January 2, 1910, had accrued interest amounting to P3,564, which remained unpaid from January 2, 1914, to January 2, 1923. The mortgage was duly registered, but the original document was in Paguio's possession, and despite thorough searches, no copies were found in official records. Paguio denied the allegations, asserting the statute of limitations as a defense and claiming that the mortgage annotation was...
Case Digest (G.R. No. 22197)
Facts:
Parties Involved:
- Plaintiff and Appellant: Gil Calimbas, as administrator of the property of the deceased Anselma V. Angeles.
- Defendant and Appellant: Severina Paguio.
Nature of the Case:
- This is a foreclosure proceeding involving a mortgage on a property.
Allegations in the Complaint:
- The plaintiff, as administrator of Anselma V. Angeles' estate, claimed that the defendant owed the deceased P5,964, with an annual interest of P369, as evidenced by a document executed on January 2, 1910.
- The interest from January 2, 1914, to January 2, 1923, amounting to P3,564, remained unpaid.
- The debt was secured by a mortgage on Lot No. 905 of the cadaster of Pilar, Bataan, registered under Certificate of Title No. 1044.
- The original mortgage document was allegedly in the defendant's possession, and no copy was found in official records.
Defendant's Defense:
- The defendant denied the allegations, pleaded the statute of limitations, and claimed the mortgage annotation was obtained through fraud.
- She also filed a counterclaim for P2,000 in damages for the malicious filing of the case.
Trial Court Decision:
- The court ruled in favor of the plaintiff for P9,132 with 6% annual interest but ordered the cancellation of the mortgage annotation, citing improper execution of the mortgage document.
Assignments of Error by Defendant:
- The defendant raised nine errors, including the court's failure to sustain the demurrer, improper admission of evidence, and failure to apply the statute of limitations.
Assignments of Error by Plaintiff:
- The plaintiff argued that the court erred in not recognizing the debt as a mortgage debt and in ordering the cancellation of the mortgage annotation.
Issue:
- (Unlock)
Ruling:
- (Unlock)
Ratio:
Legal Capacity:
- An administrator has the authority to bring actions on behalf of the estate without special court orders under Section 702 of the Code of Civil Procedure.
Equitable Mortgage:
- A private document providing for the delivery of possession upon default can be construed as an equitable mortgage, even if not in proper mortgage form.
Res Judicata:
- The mortgage's validity was already determined in a prior cadastral case, making the issue res judicata and not subject to reopening.
Statute of Limitations:
- A written acknowledgment of the debt restarts the limitation period under Section 50 of the Code of Civil Procedure.
Mortgage Annotation:
- The court upheld the mortgage annotation, emphasizing that the final decree in the cadastral case could not be disregarded.