Title
Supreme Court
Llanto vs. Alzona
Case
G.R. No. 150730
Decision Date
Jan 31, 2005
A deceased Maria Sales’ land was mortgaged posthumously, foreclosed, and sold. Petitioners contested, but courts upheld the mortgagees’ good faith, affirming their legal protection.

Case Summary (G.R. No. 150730)

Relevant Facts

Maria Sales was registered as the owner of a 202-square meter property covered by Original Certificate of Title No. P-3225. Unfortunately, Maria passed away on August 27, 1986, and Bernardo Sales followed on January 1, 1997. A significant event occurred when a mortgage contract was supposedly executed on January 29, 1990, by Maria and Bernardo, despite Maria being deceased at the time. This contract was in favor of Dominador Alzona, with Estela Sales Pelongco signing as an instrumental witness. The mortgage was later foreclosed, and the property was sold to Ernesto Alzona during an auction on December 20, 1990.

Legal Proceedings

Following the auction, Ernesto Alzona obtained a certificate of sale and later a Transfer Certificate of Title No. T-261853 was issued in his name, canceling Maria's title. The petitioners filed an adverse claim on December 17, 1992, and subsequently, a complaint for annulment of mortgage and auction sale with reconveyance of title and damages in the Regional Trial Court (RTC) of San Pedro, Laguna on October 15, 1993. While the RTC ruled in favor of the Alzonas and dismissed the case against the Register of Deeds for lack of evidence, it found some grounds in favor of the petitioners against Estela, awarding them attorney's fees and moral damages.

Court of Appeals Ruling

The petitioners’ appeal to the Court of Appeals resulted in a decision that affirmed the RTC’s ruling but modified the judgment by removing the attorney’s fees awarded to the petitioners. A subsequent motion for reconsideration filed by the petitioners was also denied.

Legal Principles and Arguments

In the appeal to the Supreme Court, the petitioners argued that the principle of "innocent purchasers for value" should not apply since the mortgagees (Ernesto and Dominador) had knowledge that Maria Sales was deceased when the contract was executed. The petitioners contended that a mortgage requires the mortgagor to be the absolute owner of the property, as set forth in Article 2085 of the Civil Code. However, they recognized the existence of the "mortgagee in good faith" doctrine, which may protect mortgagees even if the mortgagor lacks ownership, contingent on the mortgagee’s diligence in verifying ownership.

Supreme Court Findings

The Supreme Court emphasized that the mortgagees acted in good faith and exercised due diligence in their dealings. Ernesto, the mortgagee, conducted credit investigations and verified details of the ownership and property status, meeting with the petitioners who falsely identified themselves as the owners during his visits. The Court held that the trial court and Court of Appeals' findings regarding the credibility of Ernesto

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