Professional Documents
Culture Documents
FACTS:
Respondents spouses Dolleton, were the
registered owners of a parcel of land covered
by TCT No. 153554 with a four-door apartment
building being leased to various tenants.
Respondents mortgaged the property to a
certain Santos to secure a loan in the amount
of P100,000.00. Upon payment of the loan on
15 August 1994, Santos executed a release and
cancellation of the mortgage. The same was
annotated on the TCT.
On 15 September 1994, TCT No. 153554 in the
name of respondents was cancelled and a new
TCT No. 197220 was issued in the name of
Gagan on the basis of a Deed of Absolute Sale
dated 5 August 1994 whereby respondents
purportedly sold to Gagan the subject property
for the sum of P120,000.00.
On 19 September 1994, Gagan and Gueverra
mortgaged said property with TCT No. 197220
to petitioner LECC for second loan of
P542,928.00 and was annotated on said Title.
However, Gagan and Guevarra failed to pay the
loan upon maturity. Thus, petitioner foreclosed
mortgaged property being the highest bidder
and was not redeemed within the one-year
period. Hence, ownership was consolidated in
favor of petitioner and was issue a new TCT
No. 210363 cancelling TCT No. 197220.
Petitioner then sent notices to the apartment
tenants on the transfer of ownership and
rentals were not remitted to respondents
anymore, prompting the latter to cause the
annotation of an adverse claim on TCT No.
210363.
FACTS:
Facts:
Herein plaintiff is the legitimate heir of Luis
Herrera. Luis Herrera, now deceased, owned
three parcels of land. Before leaving for China
in 1931 or early part of 1932, Luis Herrera
executed a deed of General Power of Attorney
which authorized defendant Luy Kim Guan to
administer and sell the aforementioned parcels
of land. He died on an unknown date.
On the dates of July 23, 1937, August 4, 1937,
and September 11, 1939, the three parcels of
land were respectfully sold to different
individuals through the attorney-in-fact of Luis
Herrera Luy Kim Guan. Herein plaintiff assails
the assumption that Luis Herrera died on 1936
and so herein defendant Luy Kim Guan had no
right to sell the parcels of land because Luis
Herrera had died prior to the transactions thus
extinguishing their agent-principal relationship.