Case Digest (G.R. No. L-19159)
Facts:
- Gliceria C. Liwanag is the special administratrix of the estate of Pio D. Liwanag.
- Respondents include Hon. Luis B. Reyes, Judge of the Court of First Instance of Manila, and Rotegaan Financing, Inc.
- On July 14, 1960, Pio D. Liwanag executed a real estate mortgage to Rotegaan Financing, Inc. for P180,000.00 at 12% interest per annum.
- The mortgage required full payment by July 14, 1961.
- Pio D. Liwanag died intestate before the payment deadline, leaving the mortgage unpaid.
- Rotegaan Financing, Inc. filed a foreclosure complaint against the estate and Gliceria Liwanag on September 21, 1961, seeking a receiver.
- Gliceria filed a motion to dismiss, claiming she could not be sued as a special administratrix and opposing the receiver's appointment due to ongoing administration proceedings.
- The court issued a writ of receivership and deferred the motion to dismiss until after the trial.
- Gliceria's motion for reconsideration was denied, prompting her to file a petition for certiorari.
Issue:
- (Unlock)
Ruling:
- The Supreme Court affirmed the lower court's orders, ruling that the foreclosure action against the special administratrix was correc...(Unlock)
Ratio:
- The Court noted that the Rules of Court do not prohibit suing a special administratrix in a foreclosure action, which is essential for protecting creditors from the statute of limitations.
- Denying the action on technical grounds would defeat the purpose of the mortgage.
- The Court found no abuse of discretion in appointing a receiver, as the mortgage contract allowed for it in case of ju...continue reading
Case Digest (G.R. No. L-19159)
Facts:
The case involves Gliceria C. Liwanag, the special administratrix of the estate of Pio D. Liwanag, as the petitioner, and Hon. Luis B. Reyes, Judge of the Court of First Instance of Manila, along with Rotegaan Financing, Inc., as the respondents. The events leading to this case began on July 14, 1960, when Pio D. Liwanag executed a real estate mortgage in favor of Rotegaan Financing, Inc. This mortgage was on a parcel of residential land located on M. H. del Pilar Street, Manila, to secure a loan amounting to P180,000.00, with an interest rate of 12% per annum. The mortgage stipulated that the total debt was to be fully paid by July 14, 1961. However, before this deadline, Pio D. Liwanag passed away intestate. Following his death, the mortgage obligation remained unpaid, prompting Rotegaan Financing, Inc. to file a complaint for foreclosure against the estate of Pio D. Liwanag and Gliceria Liwanag as the administratrix on September 21, 1961. The complaint also sought the appointment of a receiver. Gliceria Liwanag responded by filing a motion to dismiss the foreclosure complaint, arguing that she could not be sued as a special administratrix and opposing the appointment of a receiver on the grounds that the property was already in custodia legis due to ongoing administration proc...