Case Summary (G.R. No. 10173)
Background of the Estate
The land in question originally belonged to Buenaventura Gochuico, who passed away, and his estate was administered through the probate court in Manila. The probate proceedings were concluded, as evidenced by Record No. 2770 from the court. His minor children, Manuel and Francisco Gochuico, were represented by their court-appointed guardian during the proceedings. An agreement among the heirs led to the formation of a mercantile association, "Gochuico & Co.," for dividing the estate and utilizing the land as the association's capital. The specific land was registered under the company's name on September 27, 1912, with existing encumbrances, including a mortgage to Mariano Velasco & Co. and a lease to Alhambra Cigar and Cigarette Manufacturing Company.
Nature of the Mortgage and Lease
The mortgage in question was created on February 28, 1913, with payments due starting March 1, 1913, and full payment required by March 1, 1917. A pertinent provision stipulated that any missed monthly payments would result in the entire amount being immediately due. Significantly, this mortgage did not mention the preceding mortgage dated July 1, 1912, nor did it reference the lease executed in favor of Alhambra on August 14, 1912, which included a commitment from the lessee to ensure continuous use and maintenance of the leased property.
Binding Nature of the Lease Agreement
Mariano Velasco & Co. accepted the mortgage knowing about the lease's terms, thereby binding them to those conditions. If the mortgage dated February 28, 1913, was considered a renewal of the earlier mortgage dated July 1, 1912, it would impact the current proceedings; however, the record does not substantiate this renewal claim. Thus, the court concluded that any foreclosure on the property would inherently be subject to the rights of the Alhambra Cigar Company as outlined in their lease agreement.
Rights of Minor Co-Heirs
Regarding Manuel and Francisco Gochuico's claims, they had previously consented to their right to the relevant property being used as initial capital for Gochuico & Co. This agreement followed approval from the probate court. They later permitted the land to be registered under the Torrens system without objection, which results in the loss of any claims they
...continue readingCase Syllabus (G.R. No. 10173)
Case Overview
- This case revolves around a mortgage foreclosure action initiated by Mariano Velasco & Co. against Gochuico & Co. and related parties.
- The mortgage in question was executed on February 28, 1913, for the sum of P 125,000, along with attorney fees and costs of action.
- The case was presented before the Supreme Court of the Philippines on February 01, 1916.
Undisputed Facts
Ownership and Administration:
- The land originally belonged to Buenaventura Gochuico, who passed away; the date of his death is not recorded.
- His estate was administered in the probate court of Manila, with proceedings eventually closed.
- Manuel and Francisco Gochuico, the deceased's minor children, were represented by their court-appointed guardian, Melecio Saludes.
Formation of Gochuico & Co.:
- An agreement among all heirs led to the formation of a mercantile association, Gochuico & Co., for the division of Buenaventura's estate, which included the land in question as principal capital.
- The land was registered under the name Gochuico & Co. on September 27, 1912, subject to existing encumbrances.
Existing Mortgages and Leases:
- A prior mortgage dated July 1, 1912, for P 110,000 in favor of Mariano Velasco & Co. was noted on the certificate of title.
- A leasehold interest was granted to the Alhambra Cigar and Cigarette Manufacturing Company on August 14, 2012, which was also registered.
Mortgage Details
- The mortgage executed on Februa