G.R. No. 127984 - JOSEFINA TANDO, CARMEN TANDO, CECILIA TANDO-ARNOLD, HILDA TANDO-TERENCIO, AND KALIBO RURAL BANK, INC., VS. HON. COURT OF APPEALS AND BENJAMIN TAGLE.DECISION - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, judgment is hereby rendered against plaintiff and in favor of defendants as follows: 1) Plaintiff's complaint against defendant spouses Esperanza Z. Tando and Jose Tando as well as against defendant Kalibo Rural Bank, Inc. is hereby DISMISSED with costs against substituted plaintiffs. 2) The Court hereby declared that plaintiff CANNOT redeem the land in question from defendant spouses Esperanza Z. Tando and Jose Tando who are hereby declared absolute OWNER thereof. 3) Plaintiff is NOT entitled to have said land in question conveyed by defendant spouses to him. 4) Plaintiff's undated and unnotarized Deed of Assignment of Right of Redemption of a Mortgaged and Conditionally Sold Parcel of Land which is ANNEX "A" of the complaint and Exhibit "A" of plaintiff is hereby declared INVALID or INEXISTENT. 5) The Deed of Sale of Real Estate dated September 7, 1970, executed by Virgilio Garcia, President and Manager of defendant Kalibo Rural Bank, Inc. in favor of Esperanza Z. Tando, married to Col. Jose Tando, marked as Exhibit "4" of defendant spouses also marked as Exhibit "D" of plaintiff and which is ANNEX "D" of the complaint is hereby declared VALID and effective. 6) Defendant spouses counterclaim against plaintiff is hereby DISMISSED; same does not survive, plaintiff having died and defendant Col. Jose Tando having also died. 7) Defendant spouses crossclaim against cross-defendant Kalibo Rural Bank, Inc. is hereby likewise DISMISSED for lack of merit. SO ORDERED.