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TUMALAD, plaintiffs-appellees, v
from March 27, 1956, to January 14, 1967, with interest at the legal rate from
ALBERTA VICENCIO and EMILIANO SIMEON, defendants-appellants. Sep 30, 1971 April 18, 1956, the filing of the complaint, until fully paid).
Appeal from a decision of the CFI Manila
REYES, J.B.L., J.
FACTS
Sep 1 1955: Ds executed a chattel mortgage in favor of Gavino & Generosa
Tumalad over their house of strong materials located at Quezon Boulevard,
Quiapo, Manila, over Lot Nos. 6-B and 7-B, Block No. 2554, which were being
rented from Madrigal & Company, Inc.
The mortgage was registered in the RoD Manila on 2 September 1955.
- the mortgage was executed to guarantee a loan of P4,800 received from the
Tumalads, payable within one year at 12% per annum.
- the mode of payment was P150 monthly, from September, 1955 to July 1956,
and the lump sum of P3,150 was payable on or before August, 1956.
- that default in the payment of any of the amortizations, would cause the
remaining unpaid balance to become immediately due and payable and xxx
The said decision was appealed by the Ds to the CA which, in turn, certified the
appeal to the SC (only questions of law are involved).
Ds' arguments: the case should be dismissed:
(1) the municipal court did not have jurisdiction to try and decide the case
because the chattel mortgage is void ab initio:
(a) their signatures on the chattel mortgage were obtained through fraud,
deceit, or trickery; and
(b) that the subject matter of the mortgage is a house of strong materials, and,
being an immovable, it can only be the subject of a real estate mortgage and not
a chattel mortgage.
(2) there was no allegation of prior possession; and (b) failure to prove prior
demand pursuant to Section 2, Rule 72, of the Rules of Court.