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JurisprudenceG.R. No. 202364 -

G.R. No. 202364 - ARTURO C. CALUBAD, VS. RICARCEN DEVELOPMENT CORPORATION.DECISION - Supreme Court E-Library

Cited Laws

RA 458,RA 189
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TL;DR — Ruling

WHEREFORE, premises considered, judgment is hereby rendered in favor of plaintiff Ricarcen Development Corporation and further: 1. Declaring as null and void the following: Deed of Real Estate Mortgage dated 15 October 2001; Amendment of Real Estate Mortgage dated 06 December 2001; Second Amendment of Deed of Mortgage dated 08 May 2002;and Extrajudicial Foreclosure of Mortgage and Sale by public auction in favor of Arturo Calubad[;] 2. Canceling TCT No.

Decision

Ruling

WHEREFORE, premises considered, judgment is hereby rendered in favor of plaintiff Ricarcen Development Corporation and further: 1. Declaring as null and void the following: Deed of Real Estate Mortgage dated 15 October 2001; Amendment of Real Estate Mortgage dated 06 December 2001; Second Amendment of Deed of Mortgage dated 08 May 2002;and Extrajudicial Foreclosure of Mortgage and Sale by public auction in favor of Arturo Calubad[;] 2. Canceling TCT No. 261881 in the name of Arturo Calubad and reinstating TCT No. RT-84937 (166018), both by the Regist[ry] of Deeds of Quezon City; and 3. Ordering defendants spouses Solimans and Calubad to pay jointly and severally damages in the amount of Two Hundred Fifty Thousand Pesos (Php250,000.00) as attorney's fees and costs of litigation. SO ORDERED.