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JurisprudenceG.R. NO. 122904 -

G.R. NO. 122904 - ADORACION E. CRUZ, THELMA DEBBIE E. CRUZ, GERRY E. CRUZ AND NERISSA CRUZ-TAMAYO, VS. THE HONORABLE COURT OF APPEALS, SUMMIT FINANCING CORP., VICTOR S. STA. ANA, MAXIMO C. CONTRERAS, RAMON G. MANALASTAS, AND VICENTE TORRES.D E C I S I O N - Supreme Court E-Library

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TL;DR — Ruling

WHEREFORE, judgment is hereby rendered, in favor of plaintiff and against defendants, as follows: Declaring the “Special Power of Attorney,” the Real Estate Mortgage, the “Public Auction Sale,” the “Certificate of Sale,” the “Affidavit of Consolidation,” executed by defendant Summit Financing Corporation, and the Consolidation of Ownership null and void ab initio; Ordering the Register of Deeds of Rizal, to cancel TCT No. 514477, and to issue, in lieu thereof another TCT, in the name of Arnel E.

Decision

Ruling

WHEREFORE, judgment is hereby rendered, in favor of plaintiff and against defendants, as follows: Declaring the Special Power of Attorney, the Real Estate Mortgage, the Public Auction Sale, the Certificate of Sale, the Affidavit of Consolidation, executed by defendant Summit Financing Corporation, and the Consolidation of Ownership null and void ab initio; Ordering the Register of Deeds of Rizal, to cancel TCT No. 514477, and to issue, in lieu thereof another TCT, in the name of Arnel E. Cruz, with the same annotations on the Real Estate Mortgage inscribed on September 16, 1980 and thereafter. Ordering defendants, jointly and severally, to pay to plaintiffs, the amount of P10,000.00, as reasonable attorneys fees, plus costs. Dismissing defendants (sic) counterclaims, for lack of merit. SO ORDERED.