Title
Abad vs. Spouses Guimba
Case
G.R. No. 157002
Decision Date
Jul 29, 2005
Spouses Guimba discovered their land was mortgaged fraudulently. Court ruled petitioner, who failed to verify identities, was not a mortgagee in good faith; mortgage voided.

Case Summary (G.R. No. 247611)

Relevant Legal Provisions

This case is governed by the 1987 Philippine Constitution and the provisions of Presidential Decree No. 1529, which establishes laws on land registration.

Background of the Case

The Respondents, Ceasar and Vivian Guimba, are the legitimate owners of the property in question. In March 1997, Vivian entrusted her Owner’s Duplicate Certificate of Title to Gemma De la Cruz as collateral for a loan. Subsequently, Vivian requested the return of the TCT as she decided against the loan; however, De la Cruz informed her that the certificate was not available. In November 1997, the Guimbas were notified by Abad, a stranger, of a mortgage affecting their property, leading them to file a complaint against Abad and De la Cruz for annulment of the mortgage.

Findings of the Regional Trial Court

The RTC ruled against Abad, declaring the mortgage null and void and emphasizing that Abad did not demonstrate good faith as a mortgagee. It determined that he failed to verify the identity of the parties involved and did not take necessary precautions to ascertain the authenticity of the title. Consequently, the RTC ordered the cancellation of the mortgage and denied Abad's counterclaim.

Legal Analysis

Abad's appeal to the Supreme Court was premised on purely legal questions, which cannot include factual disputes settled by the RTC. The Supreme Court upheld the RTC's findings, asserting that claims regarding the good faith and value of the mortgage constituted factual questions inappropriate for review under Rule 45. The Court reaffirmed that Abad's lack of due diligence registered him as a mortgagee in bad faith, thus excluding him from the protections afforded to innocent purchasers under PD 1529.

Determination of Good Faith

The Supreme Court emphasized that merely having a clean title does not protect a mortgagee from liability if they are aware or should be aware of defects in the title. Abad's assertions of innocence are undermined by his failure to verify the authority of De la Cruz, who presented the title. Therefore, the RTC's conclusion that Abad acted negligently was affirmed.

Laches Argument

Abad also contended that the Respondents should be equitably barred by laches due to their delay in acting after losing their title. The Court dismissed this assertion base

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