Title
BPI Family Savings Bank, Inc. vs. Spouses Soriano
Case
G.R. No. 214939
Decision Date
Jun 8, 2020
Fraudulent land transfers via forged documents led to legal actions, with BPI Family deemed negligent as a mortgagee, resulting in reduced damages and property recovery for the rightful owners.

Case Summary (G.R. No. 214939)

Relevant Property Details and Fraudulent Acts

The spouses Soriano owned two parcels covered by Transfer Certificate of Title (TCT) Nos. 85840 (previously T-14467) and 87113 (previously T-14466), valued at Php626,640 and Php428,820, respectively. Rey Viado forged the spouses' signatures on an Affidavit of Loss and a Special Power of Attorney, which facilitated the reissuance of duplicate certificates of title. These reissued titles were subsequently used fraudulently to secure loans from Maria Luzviminda Patimo and BPI Family Savings Bank.

Civil Cases and Claims

The spouses Soriano filed Civil Cases Nos. 6210-R and 6211-R, contesting fraudulent acts by Viado, Jessica Jose, Vanessa P. Hufana, Maria Luzviminda Patimo, and BPI Family. In Civil Case No. 6210-R, they sought to void an “Acknowledgment of Trust” and to reconvey TCT No. 85840 wrongly transferred to Jose. In Civil Case No. 6211-R, they challenged the loan secured by Hufana using a forged Deed of Absolute Sale and a fraudulent transfer of TCT No. 87113. They prayed for the annulment of these transactions, reconveyance of titles, and damages.

Trial Court’s Findings and Decision

The Regional Trial Court (RTC) of Baguio City, Branch 60, ruled that the signatures of the spouses Soriano on all disputed documents were forgeries. The reissued TCTs and transfers stemming from these forged documents were null and void. However, the court found that the financial institutions—Maria Luzviminda Patimo and BPI Family—dealt with the properties in good faith. Thus, the court dismissed the cases against Patimo and BPI Family but rendered damages against the other parties involved in perpetrating the fraud.

Court of Appeals Ruling and Modifications

The Court of Appeals (CA) partially reversed the RTC’s decision concerning BPI Family Savings Bank. It declared the mortgage loan agreement and TCT No. 87113 issued to Hufana null and void, reinstated the spouses’ original TCT No. 14466, and held that BPI Family was not a mortgagee in good faith. The CA ruled that Maria Luzviminda Patimo was a mortgagee in good faith given her verification of title through the Register of Deeds and direct property inspection. Conversely, BPI Family failed to exercise the heightened diligence required of banks, as it allowed Hufana to secure a loan without properly verifying her authority or ownership status, especially since the original owners’ names were still on the title at the time of loan application.

Legal Standards on Mortgagee in Good Faith and Due Diligence

Under the 1987 Philippine Constitution and relevant jurisprudence, a registered certificate of title is generally conclusive evidence of ownership. However, banks as mortgagees are held to a higher standard of diligence due to their public interest role and are expected to verify the true ownership of property beyond face value of the title. The doctrine of a mortgagee in good faith presupposes that the mortgagor has validly acquired title. When an instrument is forged, the transferee or mortgagee is not protected as a purchaser or mortgagee in good faith. This principle was emphasized in cases such as Arguelles v. Malarayat Rural Bank and EreAa v. Querrer-Kauffman.

Application of Law to Facts: BPI Family’s Liability

BPI Family’s reliance merely on the documentation presented by Hufana, without contacting the original owners or conducting thorough background checks, fell short of the requisite standard. The bank approved the loan and accepted the fraudulent title even though the TCT presented initially bore the Sorianos' names, and the new TCT was only issued after the loan approval. This failure to investigate was deemed negligence. The bank’s claim that it was natural for the TCT still to indicate the original owners because the loan application was for buying the land was not sufficient as a defense.

Award of Damages and Liability

The CA held BPI Family solidarily liable with the fraudulent parties for moral, exemplary damages, and attorney’s fees; however, the Supreme Court modified this holding. It partially granted BPI Family’s petition to the extent that the award of actual damages against the bank was set aside because the spouses Soriano recovered their titles, thus no pecuniary loss requiring actual damages remained. Nevertheless, the Court held that BPI Family was liable for moral and exemplary damages due to its proven negligence, although there was no showing of bad faith or malice.

Final Supreme Court Ruling and Orders

The Supreme Court modified the CA ruling by declaring fraudulent the reissued TCT No. 87113 and the mortgage loan agreement involving BPI Family. The Register of Deeds was ordered to cancel encumbrances on and reinstate the original TCT No. 14466 in the name of the spouses Soriano. BPI Family was ordered to pay moral dama

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