TL;DR — Ruling
WHEREFORE, the appeal is PARTLY GRANTED. The Decision dated 29 February 2016 of the Regional Trial Court, Branch 61, Bogo City, Cebu in Civil Case No. BOGO-02891 is REVERSED and SET ASIDE, and a new one entered whereby the Complaint is PARTLY GRANTED. Accordingly, the following are declared VOID: the Real Estate Mortgage dated 23 December 2008 over the parcel of land covered by Tax Declaration No.
WHEREFORE, the appeal is PARTLY GRANTED. The Decision dated 29 February 2016 of the Regional Trial Court, Branch 61, Bogo City, Cebu in Civil Case No. BOGO-02891 is REVERSED and SET ASIDE, and a new one entered whereby the Complaint is PARTLY GRANTED. Accordingly, the following are declared VOID: the Real Estate Mortgage dated 23 December 2008 over the parcel of land covered by Tax Declaration No. 22703; the Extrajudicial Foreclosure Sale conducted on 24 January 2012 by defendant-appellee Sheriff Eva G. Ventic of the Regional Trial Court, Branch 61, Bogo City, Cebu, in EJF-0646-BG; and the Certificate of Sale dated 20 February 2012 issued in EJF-0646-BG by the Office of the Ex-Officio Provincial Sheriff, Regional Trial Court, Branch 61, Bogo City, Cebu. Defendant-Appellee Banco Maximo, Inc.'s Counterclaim is DENIED. Costs against the defendant-appellee Banco Maximo, Inc. SO ORDERED.
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