Case Digest (G.R. No. 98147)
Facts:
Nimfa G. Ramirez and Felito S. Ramirez v. Court of Appeals, Hon. Inocencio D. Mailiaman, in his capacity as Presiding Judge of Branch 14 of the Regional Trial Court of Manila, Teodoro Marmeto, the Register of Deeds for the City of Manila, and Regio B. Ruefa, in his capacity as Deputy Sheriff of the Regional Trial Court of Manila, G.R. No. 98147, March 05, 1993, Supreme Court Second Division, Padilla, J., writing for the Court.Petitioners Nimfa G. Ramirez and Felito S. Ramirez sought annulment of the decision of the Court of Appeals in CA-G.R. SP No. 21003 which dismissed their certiorari petition attacking several orders of the Regional Trial Court (RTC), Branch 14, Manila, in Civil Case No. 89-50013.
The underlying title, TCT No. 120745, stood initially encumbered by a first real estate mortgage in favor of Philippine National Bank (PNB) to secure loans granted to Ronnie Garcia (P30,000 initially on 16 February 1976, increased to P40,000 on 1 April 1976). PNB extrajudicially foreclosed that mortgage; PNB was declared purchaser and a Certificate of Sale issued to it on 8 November 1977 (annotated on the title on 12 February 1979). Meanwhile, on 18 August 1977 Ronnie Garcia executed a second mortgage in favor of private respondent Teodoro Marmeto for P100,000; that encumbrance was recorded and Marmeto likewise extrajudicially foreclosed, obtaining a Certificate of Sale on 27 June 1978 (annotated 28 June 1978).
On 1 February 1980 Ronnie executed a "Waiver and Renunciation of Rights" in favor of his father, Jesus Garcia, who later assigned his right to redeem to Nimfa Ramirez; neither assignment was registered. On 9 August 1980 Nimfa paid the redemption price to PNB, which accepted payment. Because no redemption was made vis-à-vis the second mortgage, Marmeto filed before the RTC on 9 August 1989 a Petition for Consolidation of Ownership against Ronnie Garcia and PNB. PNB moved to dismiss (19 October 1989) on the ground that its interest had been extinguished by the redemption; the RTC dismissed the action against PNB on 6 November 1989.
Ronnie Garcia was later declared in default; on 20 December 1989 the RTC directed consolidation of ownership in favor of Marmeto and ordered the Register of Deeds to register the consolidated ownership. On 12 March 1990 a writ of execution issued directing Ronnie to surrender TCT No. 120745 to Marmeto; on 22 May 1990 the RTC ordered cancellation of the TCT in Ronnie's possession and issuance of a new title in Marmeto's name, and directed surrender of possession by Ronnie and those claiming under him.
On 29 May 1990 petitioner Nimfa filed a Third-Party/Adverse Claim asserting that her payment to PNB vested in her legal ownership. She moved (6 June 1990) to have that claim heard and to suspend execution. Before resolution she filed a petition for certiorari in the Court of Appeals (CA-G.R. SP No. 21003) alleging that the RTC orders were issued in ex...(Subscriber-Only)
Issues:
- Did petitioner Nimfa Ramirez validly acquire the right to redeem and validly redeem the property despite (a) unrecorded assignments of the right of redemption and (b) redemption after the statutory one-year period?
- Did the RTC err in consolidating title in favor of Teodoro Marmeto and ordering issuance of a new certificate of title in his name, and did the Court of Appeals therefore err in dismi...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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