G.R. No. 110055 - ASUNCION SAN JUAN, VS. COURT OF APPEALS AND YOUNG AUTO SUPPLY CO..

Ruling

ACCORDINGLY , the decision appealed from is hereby AFFIRMED , and the instant appeal is DISMISSED . [5] Petitioner's Motion for Reconsideration was denied by the CA in its Resolution dated April 6, 1993. [6] The Facts The subject of the present controversy is Lot No. 14-B, Bacolod Cadastre, which was formerly covered by Transfer Certificate of Title (TCT) No. T-120163 registered in the name of Petitioner Asuncion San Juan. The property was mortgaged to Private Respondent Young Auto Supply Co., Inc., through petitioner's attorney-in-fact, Rafael Alducente. Upon default in the payment of the principal loan secured by the mortgage, an extrajudicial foreclosure proceeding was instituted by private respondent before the city sheriff of Bacolod City. Since private respondent was the sole bidder in the auction sale held on June 5, 1985, the corresponding Certificate of Sale was issued in its favor. On September 13, 1985, the Certificate was registered with the Office of the Register of Deeds of Bacolod City. [7] After the lapse of the one-year redemption period, a final Certificate of Sale was issued on September 22, 1986. [8] However, private respondent could not register it, because petitioner refused to surrender her duplicate Certificate of Title. Thus, on March 11, 1988, private respondent filed, before the Regional Trial Court of Negros Occidental, a Petition [9] for the registration and the annotation of the final Certificate of Sale. During the trial, petitioner manifested that the owner's duplicate Certificate of Title to the property, subject of the foreclosure sale, was in her possession. Thus, the trial court issued an Order [10] directing petitioner to deliver to private respondent within seventy-two (72) hours therefrom the owner's duplicate copy. Because of petitioner's failure to comply with the Order, the trial court issued another Order dated May 25, 1988, the dispositive portion of which reads: "In view of the above, the Register of Deeds of Bacolod City is hereby directed to annotate in the original Certificate of Title kept in its file the Final Certificate of Sale duly entered as Doc. No. 254; Page No. 51; Book No. 61; Series of 1986, of Ex-Oficio Notary Public Judge Vivencio Ibrado, MTCC, Bacolod City, executed by Atty. Leopoldo Cioco, Ex-Oficio City Sheriff on September 22, 1986 in favor of the [herein private respondent] without the necessity of presenting the owner's copy of the aforementioned transfer certificate of title." [11] Petitioner filed a Motion for Reconsideration and/or Opposition to the Petition, pummeling for the first time the validity and the regularity of the issuance of the final Certificate of Sale. Likewise, petitioner belatedly asserted that she had already revoked the Special Power of Attorney she had admittedly issued in favor of Rafael Alducente. [12] However, the trial court denied the Motion on June 27, 1988. [13] Ruling of the Court of Appeals The appellate court held that "the final Certificate of Sa