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JurisprudenceG.R. No. 146096 -

G.R. No. 146096 - SPOUSES JOHN AND ANITA UY TANSIPEK, VS. PHILIPPINE BANK OF COMMUNICATIONS, REGISTER OF DEEDS OF METRO MANILA, DISTRICT II, AND GRACE S. BELVIS.D E C I S I O N - Supreme Court E-Library

Cited Laws

RA 464RA 85RA 756,
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TL;DR — Ruling

WHEREFORE, judgment is hereby rendered: "1. Declaring the extra-judicial foreclosure of the subject property and the corresponding Certificate of Sale, null and void; "2. Ordering the defendant Register of Deeds to cancel TCT No. 56256 and reinstate TCT No.

Decision

Ruling

Accordingly, the trial court disposed as follows: "WHEREFORE, judgment is hereby rendered: "1. Declaring the extra-judicial foreclosure of the subject property and the corresponding Certificate of Sale, null and void; "2. Ordering the defendant Register of Deeds to cancel TCT No. 56256 and reinstate TCT No. 14800 in favor of the plaintiffs; "3. Dismissing the petition in LRC Case No. R-3661, for lack of merit; and, "4. Ordering defendant bank to pay plaintiffs the sum of P30,000.00, as attorney's fees, plus the costs of suit." [2] On August 8, 2000, the Court of Appeals promulgated a decision, the dispositive portion of which reads: "WHEREFORE, the appealed decision of the trial court is REVERSED and SET ASIDE and another rendered DISMISSING Civil Case No. 54613, and granting the issuance of a WRIT OF POSSESSION in LRC Case No. 3661 in favor of Philippine Bank of Communications. "SO ORDERED.