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JurisprudenceG.R. No. 249281 -

G.R. No. 249281 - MALAYAN BANK SAVINGS AND MORTGAGE BANK, VS. SPS. JOSEPH & JOCELYN CABIGAO REPRESENTED BY EDGARDO S. SUAREZ, AND ROSALINDA E. TECHICO, FERDINAND ANTHONY C. SEVILLEJA (AS THE FORMER REGISTRAR OF DEEDS OF MEYCAUAYAN, BULACAN).

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TL;DR — Ruling

WHEREFORE, in view of the foregoing, judgment is hereby rendered in favor of the plaintiffs and against the defendants, to wit: 1) Declaring the deeds of sale dated September 15, 2010 and September 23, 2010 as null and void; 2) Declaring Transfer Certificate of Title No. 0402010004253 and Transfer Certificate of Title No.

Decision

Ruling

WHEREFORE, in view of the foregoing, judgment is hereby rendered in favor of the plaintiffs and against the defendants, to wit: 1) Declaring the deeds of sale dated September 15, 2010 and September 23, 2010 as null and void; 2) Declaring Transfer Certificate of Title No. 0402010004253 and Transfer Certificate of Title No. 040-2010003403 in the name of the defendant Homer Rozado and Rosalinda Techico null and void; 3) Declaring the real estate mortgage dated November 22, 2010 executed by the defendants Rosalinda Techico and Malayan Mortgage and Savings Bank and the real estate mortgage dated December 15, 2010 executed by the defendant Homer Razado and Country Rural Bank of Tagig, Inc., and all other documents or transactions that emanated therefrom, as null and void; 4) Ordering the Register of Deeds of Meycauayan, Bulacan to cancel Transfer Certificate of Title No. 040-2010004253 in the name of the defendant Homer Razado and Transfer Certificate of Title No. 040-2010003403 in the name of the defendant Rosalinda Techico; 5) Reinstate Transfer Certificates of Title No. 282257 (M) and T- 282258 (M) in the name of the plaintiffs without any other encumbrance other than those annotated therein prior to its illegal cancellation; 6) Declaring the defendants solidarily liable to pay the plaintiffs actual damages in the amount of P100,000.00 moral damages in the amount of P500,000.00, exemplary damages in the amount of P200,000.00 and attorney's fees and expenses of litigation in the amount of P100,000.00; 7) Ordering the defendants to pay the cost [of] suit; and 8) Declaring the writ of preliminary injunction issued by this Court dated April 22, 2013 as permanent enjoining the defendants to cease and desist from any act of transferring the title of the property covered by Transfer Certificate of Title No. 282258 (M). SO ORDERED.