This case has been cited 3 times or more.
|
2013-02-27 |
VILLARAMA, JR., J. |
||||
| On September 17, 1999, FEBTC received a letter from petitioners informing that Obispo, to whom they entrusted their property to be used as collateral for a P250,000.00 loan in their behalf, had instead secured a loan for P1,159,096.00, and had failed to return their title despite full payment by petitioners of P250,000.00. Petitioners likewise demanded that FEBTC furnish them with documents and papers pertinent to the mortgage failing which they will be constrained to refer the matter to their lawyer for the filing of appropriate legal action against Obispo and FEBTC.[4] | |||||
|
2012-03-20 |
SERENO, J. |
||||
| With respect to the second alleged defect, there is a presumption that official duty has been regularly performed with respect to the jurat of the Verification, wherein the notary public attests that it was subscribed and sworn to before him or her, on the date mentioned thereon.[16] Official duties are disputably presumed to have been regularly performed. Thus, contrary to petitioner's allegation, there was no need for Codilla to "attach his plane ticket to prove he flew from Ormoc City to Manila."[17] | |||||
|
2011-12-07 |
TOSINO v. SPS. ANDRES T. ROSARIO AND LENA DUQUE-ROSARIO AND BANCO FILIPINO SAVINGS AND MORTGAGE BANK
LEONARDO-DE CASTRO, J. |
||||
| While the defective cancellation of Entry Nos. 274471-274472 by Entry No. 520469 might not be evident to a private individual, the same should have been apparent to Banco Filipino. Banco Filipino is not an ordinary mortgagee, but is a mortgagee-bank, whose business is impressed with public interest. In fact, in one case, [82] the Court explicitly declared that the rule that persons dealing with registered lands can rely solely on the certificate of title does not apply to banks. In another case, [83] the Court adjudged that unlike private individuals, a bank is expected to exercise greater care and prudence in its dealings, including those involving registered lands. A banking institution is expected to exercise due diligence before entering into a mortgage contract. The ascertainment of the status or condition of a property offered to it as security for a loan must be a standard and indispensable part of its operations. | |||||