Title
Supreme Court
Philippine National Bank vs. Bacani
Case
G.R. No. 194983
Decision Date
Jun 20, 2018
Spouses Bacani failed to redeem foreclosed property; PNB sold it to Renato de Leon. SC ruled PNB acted lawfully, no bad faith, no enforceable repurchase right under internal policy.

Case Summary (G.R. No. 194983)

Factual Background and Foreclosure

Rodolfo Bacani was the registered owner of the subject property, which he and his wife, Nellie Bacani, used to secure an ₱80,000 loan from PNB in 1980. After their failure to pay, PNB extrajudicially foreclosed on the property in 1986 and became the highest bidder with ₱148,960.74. The Spouses Bacani did not redeem the property within the one-year redemption period following registration of the sale in 1986. Accordingly, Rodolfo’s title was cancelled, and PNB’s TCT No. T-185028 was issued in 1989, making PNB the absolute owner.

PNB’s Internal Circular and Offers to Repurchase

In November 1989, PNB issued SEL Circular No. 8-7/89, which granted priority to former owners or their heirs to reacquire foreclosed assets on negotiated terms without public bidding, subject to specific conditions (payment of the bank’s claim or higher fair market value, proof of financial capacity, etc.). The Spouses Bacani began negotiations in 1991 to repurchase the property, initially offering ₱150,000 and eventually raising offers to ₱220,000 and then ₱300,000 through a combination of cash and installment payments.

Rejection of Bacanis’ Offers and Sale to Renato

PNB rejected the Bacanis’ offers as they were below the bank’s total claim and the property’s appraised fair market value (ranging from ₱395,520 in 1992 to ₱494,400 in 1993). PNB subsequently notified the Bacanis that the property would be sold through public auction and later sold the property in a negotiated sale to Renato de Leon in January 1996 for ₱1,500,000. Renato’s title was thereafter registered.

Legal Proceedings and Lower Court Decisions

The Bacanis filed a case for annulment of sale and title, claiming fraud by PNB for refusing their repurchase offers and directly selling the property to Renato. The RTC ruled in favor of the Bacanis, nullifying Renato’s title and ordering PNB to convey the property to the Bacanis upon payment of PNB’s total claim. The RTC held that PNB acted in bad faith by selling the property through a negotiated sale instead of honoring its internal policy and the Bacanis’ right to repurchase. The CA affirmed the RTC’s decision, emphasizing the Bacanis’ demonstrated financial capacity by their time deposits with PNB and applying the doctrine of constructive trust to justify reconveyance to them. The CA denied PNB’s motion for reconsideration.

Issues on Appeal to the Supreme Court

PNB challenged the lower courts’ reliance on its internal circular to nullify the sale and title issuance in favor of Renato. It argued that the Bacanis lost their right of redemption after one year from the sale registration, that the bank as owner had the right to dispose of the property at its discretion, and that Renato was an innocent purchaser for value.

Supreme Court’s Analysis on Redemption Rights and Ownership

The Supreme Court emphasized under Act No. 3135 and jurisprudence that a mortgage debtor or successor has a one-year period to redeem the property after registration of the foreclosure sale certificate. Failure to redeem within this period results in the purchaser becoming the absolute owner, with all attributes of ownership, including the right to possess, dispose of, or alienate the property. Since PNB registered the foreclosure sale on October 10, 1986, and the Bacanis failed to redeem within one year, title consolidation in favor of PNB was final by October 1987. From that point, Rodolfo and Nellie Bacani lost all rights to the property.

Effect of PNB SEL Circular No. 8-7/89

The Court ruled that PNB’s internal circular did not create a legally enforceable right in favor of the Bacanis to repurchase the property. The circular was an internal policy intended to guide bank personnel, and no law or contract obliged PNB to honor the Bacanis’ priority or accept offers that did not meet the circular’s conditions. Because the Bacanis’ offers were below PNB’s total claim and the property’s fair market value, PNB properly rejected them. The internal circular could not override the absolute ownership rights of PNB.

Non-Binding Nature of Published Auction Invitation

The Bacanis alleged that PNB’s publication of an Invitation to Bid and scheduled auction imposed an obligation to sell to them. The Court clarified that such advertisements are merely invitations to make proposals and do not bind the seller to accept any bid. Under Article 1326 of the Civil Code, the advertiser is not obliged to accept any particular offer unless otherwise stipulated. Therefore, the published auction did not obligate PNB to sell to the Bacanis or prevent it from negotiating elsewhere, including a direct sale to Renato.

Fraud Allegations and Constructive Trust Doctrine

The Court found no clear and convincing evidence of fraud committed by PNB or Renato. The Bacanis did not attend the scheduled auction, nor was there any assurance from PNB that the property would be sold to them at the auction. The Court rejected the lower courts’ application of the doctrine of constructive trust, holding that Renato acquired the property in good faith, and accordingly, his title should not be annulled.

The Natu


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