G.R. No. 143388 - ROLANDO AND ROSITA BOTH SURNAMED CRUZ, VS. THE HONORABLE COURT OF APPEALS, THE HONORABLE ALFREDO R. ENRIQUEZ, PRESIDING JUDGE, METROPOLITAN TRIAL COURT, BRANCH 79, LAS PIÑAS CITY, AND MIGUEL AND CECILIA BOTH SURNAMED CAPISTRANO.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE , the Decision of the Court of Appeals of 24 April 2000 is MODIFIED . The Registrar of Deeds of the City of Las Piñas is DIRECTED to cancel TCT No. (98729) T-2156-A issued in the name of private respondent spouses Miguel and Cecilia Capistrano and to issue a new title in the name of petitioner spouses Rolando and Rosita Cruz, subject to the equitable mortgage rights of private respondent spouses Miguel and Cecilia Capistrano. Petitioner Rolando and Rosita Cruz are ORDERED to pay private respondent spouses Miguel and Cecilia Capistrano the unpaid balance of the loans in the total amount of P66,000.00 with legal interest within ten (10) months [31] from the finality of this Decision; otherwise, the mortgaged property shall be sold at public auction to cover payment of the mortgage debt and the costs of suit. SO ORDERED.