G.R. No. 196577 - LAND BANK OF THE PHILIPPINES, VS. BARBARA SAMPAGA POBLETE.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, Poblete also filed a case for estafa through falsification of public document against Maniego and sought injunction of the impending foreclosure proceeding. On 7 January 2003, Land Bank filed its Answer with Compulsory Counterclaim and Cross-claim. Land Bank claimed that it is a mortgagee in good faith and it observed due diligence prior to approving the loan by verifying Maniegos title with the Office of the Register of Deeds. Land Bank likewise interposed a cross-claim against Maniego for the payment of the loan, with interest, penalties and other charges. Maniego, on the other hand, separately filed his Answer. Maniego denied the allegations of Poblete and claimed that it was Poblete who forged the Deed dated 11 August 2000. He also alleged that he paid the consideration of the sale to Poblete and even her loans from Kapantay and Land Bank. The Ruling of the Regional Trial Court On 28 December 2007, the RTC of San Jose, Occidental Mindoro, Branch 46, rendered a Decision in favor of Poblete, the dispositive portion of which reads: WHEREFORE, by preponderance of evidence, judgment is hereby rendered in favor of the plaintiff and against the defendants, as follows: 1. Declaring the Deed of Sale dated August 11, 2000 over O.C.T. No. P-12026, as null and void; 2. Declaring Transfer of Certificate of Title No. T-20151 as null and void, it having been issued on the basis of a spurious and forged document; 3. The preliminary [i]njunction issued directing the defendants to refrain from proceedings [sic] with the auction sale of the plaintiffs properties, dated February 10, 2002, is hereby made permanent; 4. Ordering defendant Angelito Joseph Maniego to return to the plaintiff O.C.T. No. P-12026; and 5. Ordering defendant Angelito Joseph Maniego to pay plaintiff the amount of P50,000.00, as and for reasonable attorneys fees. Judgment is furthermore rendered on the cross-claim of defendant Land Bank of the Philippines against defendant Angelito Joseph Maniego, as follows: A. Ordering defendant Angelito Joseph Maniego to pay his co-defendant [L]and Bank of the Philippines his loan with a principal of P1,000,000.00, plus interests, penalties and other charges thereon; and B. Ordering defendant Angelito Joseph Maniego to pay the costs of this suit. SO ORDERED.