Case Summary (G.R. No. 207161)
Key Dates
- Mortgage Execution Date: November 23, 1921
- Action Filed: March 9, 1926
- Decision Date: July 29, 1927
Applicable Law
- Legal Framework: The decision relies on applicable mortgage laws as set forth in the Philippine civil code as they existed prior to 1987, given that the case was decided in 1927.
Facts of the Case
The case arises from a mortgage agreement executed by Eduarda Benedicto in favor of the plaintiff. The mortgage, documented before a notary public, was established to secure a loan against Benedicto's real properties located in Dingle, Iloilo. A lawsuit was initiated by the plaintiff after the mortgage remained unpaid, leading to a demand for recovery of the owed sum, which included principal, accumulated interest, and a specified penalty for non-payment.
Nature of the Mortgage
The mortgage was properly executed and registered, indicating a formal legal obligation by Benedicto to repay the sum owed, as established by the mortgage agreement. The complaint outlined various real properties mortgaged to secure the loan, providing detailed descriptions and benefits associated with the lands as collateral.
Trial and Judgment
The defendant, appointed as the judicial administrator of Benedicto's estate, denied the validity of the claims against the estate in their answer to the complaint. The trial saw the presentation of evidence from the plaintiff only, affirming the existence and validity of the mortgage, including its proper registration. The lower court, upon reviewing the evidence, ruled in favor of the plaintiff, demanding payment of the total sum due.
Appeal and Errors Cited
The defendant appealed the decision, alleging various errors by the lower court. The primary assertions included claims regarding the mortgage's validity, the order for property sale, and the imposition of penalties under the mortgage agreement. The appellate court reviewed each claim thoroughly, reaffirming the lower court's findings and the validity of the mortgage.
Findings and Conclusion
The appellate court found no merit in the defendant's claims a
...continue readingCase Syllabus (G.R. No. 207161)
Case Citation
- 50 Phil. 501
- G.R. No. 26236
- Date of Decision: July 29, 1927
Parties Involved
- Plaintiff: Compania General de Tabacos de Filipinas
- Defendant: Santiago Jalandoni, as Judicial Administrator of the Property of Eduarda Benedicto, Deceased
Nature of the Case
- This case is an action to recover a sum of money due upon a mortgage executed by the deceased Eduarda Benedicto in favor of the plaintiff. The mortgage was not paid, prompting the plaintiff to file the action in the Court of First Instance of the Province of Iloilo on March 9, 1926.
Factual Background
- Eduarda Benedicto executed a mortgage on November 23, 1921, formalized before Notary Public Don Felix Gurrea.
- The mortgage was duly registered and involved several parcels of land in Iloilo, which included:
- Large tract known as Hacienda "Aliputos" with specified boundaries.
- Additional parcels of land with detailed metrics and descriptions.
- The mortgage secured a credit related to sugar, maturing on June 30, 1922, with an interest rate of 10% per annum.
- As of December 31, 1925, the total debt, including accumulated interests, was P57,314.36.
Judicial Proceedings
- The defendant denied all allegations and sought absolution from liability.
- The only witness for t