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JurisprudenceG.R. No. 179625 -

G.R. No. 179625 - NICANORA G. BUCTON (DECEASED), SUBSTITUTED BY REQUILDA B. YRAY, VS. RURAL BANK OF EL SALVADOR, INC., MISAMIS ORIENTAL, AND REYNALDO CUYONG, VS. ERLINDA CONCEPCION AND HER HUSBAND AND AGNES BUCTON LUGOD, THIRD PARTY. D E C I S I O N - Supreme Court E-Library

Cited Laws

RA 25RA 96
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TL;DR — Ruling

WHEREFORE, the court hereby declares null and void or annuls the following: The special power of attorney which was purportedly executed by [petitioner] x x x; The real estate mortgage x x x The sheriff’s sale of Lot No. 2078-B-1-E, and the certificate of title issued in favor of the Rural Bank of El Salavador [by] virtue thereof, as well as the sheriff’s sale of the two[-]story house described in the real estate mortgage.

Decision

Ruling

WHEREFORE, the court hereby declares null and void or annuls the following: The special power of attorney which was purportedly executed by [petitioner] x x x; The real estate mortgage x x x The sheriffs sale of Lot No. 2078-B-1-E, and the certificate of title issued in favor of the Rural Bank of El Salavador [by] virtue thereof, as well as the sheriffs sale of the two[-]story house described in the real estate mortgage. The certificate of title in the name of the Rural Bank of El Salvador if any, issued [by] virtue of the sheriffs sale. The court hereby also orders [respondent] bank to pay [petitioner] attorneys fees of P20,000 and moral damages of P20,000 as well as the costs of the case. SO ORDERED.