This case has been cited 2 times or more.
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2005-09-02 |
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| We have ruled that all ejectment cases are within the jurisdiction of the courts mentioned in Section 33 (above quoted) of Batas Pambansa Blg. 129, as amended, regardless of whether said cases involve questions of ownership,[2] or even if the issue of possession cannot be determined without resolving the question of ownership.[3] The judgment of the inferior court, however, on the question of ownership is of a provisional nature and shall be for the sole purpose of determining the issue of possession.[4] It shall not bind the title of the realty or affect the ownership thereof nor shall it bar an action between the same parties respecting title to the real property. Verily, we hold that the Court of Appeals did not err in holding that the MTC has jurisdiction to hear and decide Civil Case No. 2728 for forcible entry, notwithstanding the issue of ownership raised by petitioner in her answer. | |||||
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2003-11-11 |
CALLEJO, SR., J. |
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| It bears stressing that the petitioner is a banking corporation, a financial institution with power to issue its promissory notes intended to circulate as money (known as bank notes); or to receive the money of others on general deposit, to form a joint fund that shall be used by the institution for its own benefit, for one or more of the purposes of making temporary loans and discounts, of dealing in notes, foreign and domestic bills of exchange, coin bullion, credits, and the remission of money; or with both these powers, and with the privileges, in addition to these basic powers, of receiving special deposits, and making collection for the holders of negotiable paper, if the institution sees fit to engage in such business.[25] In funding these businesses, the bank invests the money that it holds in trust of its depositors. For this reason, we have held that the business of a bank is one affected with public interest, for which reason the bank should guard against loss due to negligence or bad faith.[26] In approving the loan of an applicant, the bank concerns itself with proper informations regarding its debtors. The petitioner, as a bank and a financial institution engaged in the grant of loans, is expected to ascertain and verify the identities of the persons it transacts business with.[27] In this case, the petitioner knew that the sureties to the loan granted to ZDC and the defendants in Civil Case No. 94-1822 were the Spouses Teofilo Ramos, Sr. and Amelita Ramos. The names of the Spouses Teofilo Ramos, Sr. and Amelita Ramos were specified in the writ of execution issued by the trial court. | |||||