G.R. No. 129279 - ALFREDO M. OUANO, VS. COURT OF APPEALS, AND HEIRS OF JULIETA M. OUANO.D E C I S I O N - Supreme Court E-Library

Ruling

accordingly cancelled the TCTs in PNBs name and issued in lieu thereof TCTs in the name of petitioner over the two parcels of land. [19] On January 29, 1990, the Regional Trial Court of Cebu rendered a decision in favor of Julieta, holding that the lack of republication rendered the foreclosure sale void. The dispositive portion of said decision states: WHEREFORE, judgment is hereby rendered, declaring as null and void: the auction sale by the City Sheriff of Mandaue City on May 29, 1981 over the aforesaid properties of plaintiff Julieta Ouano; the Certificate of Sale (Exhibit K) issued by the City Sheriff of Mandaue City on May 29, 1981, in favor of the Philippine National Bank; the Deed of Sale (Exhibit L) executed by PNB to itself; the Deed of Promise to Sell (Exhibit O) executed by PNB on February 23, 1983 in favor of Alfredo Ouano the Deed of Sale (Exhibit 24) executed by PNB on February 5, 1986 in favor of Alfredo Ouano; TCT No. 17929 (Exhibit M) and TCT No. 17930 (Exhibit N) in the name of PNB; TCT No. 21982 (Exhibit 21) and TCT No. 21987 (Exhibit 22) in the name of Alfredo Ouano; ordering the Register of Deeds of Mandaue City to cancel the aforementioned titles (TCT Nos. 17929 and 17930, as well as TCT Nos. 21982 and 21987), and to reinstate TCT Nos. 15724 (5033) and 24377 (6876) in the name of Julieta Ouano; ordering the City Sheriff of Mandaue City to conduct a new auction sale strictly complying with the requirements for publication and posting as required by Act 3135, as amended by Act 4118; ordering PNB to return to Alfredo Ouano all amounts the latter has paid to the said bank; ordering Alfredo Ouano to vacate the premises in question and turn them over to Julieta Ouano; ordering PNB to pay the plaintiff the sum equivalent to 10% of the market value of the properties in question as indicated in Tax Declaration Nos. 01134 and 00510, as attorneys fees, and to pay the costs. SO ORDERED.