G.R. No. 121703 - NATIVIDAD T. TANGALIN, VS. COURT OF APPEALS, DR. RAMON L. COCSON, JOSEFINA G. COCSON, EDITHA G. TIGLAO, FE F. GOMEZ, AND ATTY. PEDRO F. MARTINEZ.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, judgment is hereby rendered as follows: "1. (a) The Contract of Mortgage and Promissory Note is declared valid; and "(b) Ordering the Cocsons to pay the remaining unpaid balance of P1,900.00 plus penalty in accordance with the stipulation in the Mortgage Contract and Promissory Note and to pay the legal rate of interest in accordance with this decision. "2. Declaring the Extra-judicial Foreclosure of Mortgaged real property irregular, and, therefore, the Certificate of Sale of Mortgage Real Estate Properties dated December 11, 1971 signed by Cariaso and the Certificate of Absolute Definitive Deed of Sale dated November 10, 1975 signed by Sheriff Alfredo Talavera are declared null and void. xxx xxx xxx "3. (a) Declaring the Deed of Sale dated January 22, 1972 null and void. However, considering that one of the properties subject of said sale was acquired under a Deed of Sale dated September 9, 1975 by Natividad T. Tangalin who is a `bona fide' purchaser and for value, the latter sale should be respected; and "(b) Ordering the Cocsons to deliver the possession of the land previously declared under Tax Declaration No. 284-72 in the name of Editha Tiglao to Natividad T. Tangalin. And if the land is in the possession of Editha the latter shall deliver the possession thereof to Natividad T. Tangalin. "4. Ordering the plaintiffs Cocsons to refund to Pedro F. Martinez and Natividad T. Tangalin attorney's fees and expenses of litigation in the amount of P5,000 each. "5. Ordering plaintiffs Cocsons to refund to Pedro Martinez the sum of P3,277.87 which is one-half (1/2) of the purchase price corresponding to the land belonging to Fe Gomez, the land being in their possession, and to pay interest as stated earlier in this decision. "6. With pronouncement as to costs against the plaintiffs Cocsons. "SO ORDERED.