Case Digest (G.R. No. 88013) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Conchita Gloria and Maria Lourdes Gloria-Payduan vs. Builders Savings and Loan Association, Inc. (G.R. No. 202324, June 4, 2018), petitioners Conchita Gloria and her daughter Maria Lourdes Gloria-Payduan sought the nullification of a real estate mortgage and promissory note over TCT No. 35814, a parcel in Kamuning, Quezon City originally registered in the names of spouses Juan and Conchita. Juan died on August 14, 1987. On December 7, 1993, the petitioners filed a Second Amended Complaint in RTC, Branch 224, Quezon City (Civil Case No. Q-93-16621), alleging that Benildo Biag, under the guise of reconstituting the title after a registry fire, obtained the original TCT from petitioners, then mortgaged the property to respondent Builders Savings and Loan Association, Inc. by forging Conchita’s signature (despite her advanced age and senility) and that of the already deceased Juan, without notarial acknowledgment or the owners’ consent. The trial court initially dismissed the com Case Digest (G.R. No. 88013) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Ownership and Succession
- Spouses Juan and Conchita Gloria are registered owners of a parcel of land in Kamuning, Quezon City (TCT No. 35814).
- Juan Gloria died on August 14, 1987, leaving their daughter Maria Lourdes Gloria-Payduan as compulsory heir.
- Transaction and Litigation
- In June 1988, Benildo Biag offered to “reconstitute” TCT No. 35814, obtained the original title from petitioners, but instead mortgaged the property to Builders Savings and Loan Association, Inc.
- Biag secured Conchita’s and a forged Juan’s signatures on a promissory note (June 28, 2001) and mortgage deed (June 26, 2001), without proper notarization; the property was foreclosed and sold to Builders Savings.
- On December 7, 1993, Conchita and Lourdes filed a Second Amended Complaint in RTC Civil Case No. Q-93-16621 for:
- Declaration of nullity of the mortgage and promissory note;
- Cancellation of annotations in TCT No. 35814;
- Return of the title;
- Moral, exemplary, actual damages, attorney’s fees and costs.
- RTC and CA Proceedings
- RTC Branch 224 Decision (Sep. 26, 2003) dismissed the complaint for lack of merit; Counterclaims dismissed.
- RTC Reconsideration Order (Mar. 12, 2004) granted plaintiffs’ motion, declaring the mortgage and note void, ordering cancellation of encumbrances, return of TCT, and awarding ₱200,000 moral damages and ₱20,000 attorney’s fees.
- CA Decision (Mar. 13, 2012) reversed the RTC, dismissing the Complaint on grounds of:
- Maria Lourdes not a real party in interest;
- Defective verification and missing certification against forum shopping;
- Reliance on hearsay testimony.
- CA Resolution (June 18, 2012) denied reconsideration, prompting the present petition for review on certiorari.
Issues:
- Whether Maria Lourdes Gloria-Payduan, as co-owner by succession, is a real party in interest to annul the mortgage.
- Whether the CA correctly entertained and based dismissal on defects in the amended complaint’s verification and certification against forum shopping.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)