G.R. No. 126908 - PHILIPPINE NATIONAL BANK, VS. COURT OF APPEALS, SPOUSES ANTONIO SO HU AND SOLEDAD DEL ROSARIO AND SPOUSES MATEO CRUZ AND CARLITA RONQUILLO.DECISION - Supreme Court E-Library

Ruling

WHEREFORE, judgment is hereby rendered as follows: The certificate of sale dated August 27, 1985 issued by the Provincial Sheriff Office in favor of PNB is hereby declared null and void and Entry No. 2565 is hereby ordered cancelled. Defendant PNB is directed to return the owners duplicate copy of TCT No. T-51022 to the Registry of Deeds for the City of Cabanatuan for its cancellation and TCT No. T-4699 is hereby ordered revived. Defendant PNB is likewise ordered to issue a cancellation and discharge of mortgage inscribed as Entry Nos. 47103 and 47974 annotated in the memorandum of encumbrances of TCT No. T-4699; Appellant Philippine National Bank is ordered to pay Spouses Antonio So Hu and Soledad del Rosario attorneys fees and litigation expenses in the amount of P25,000.00 and P15,000.00, respectively, as awarded by the trial court. Further, the case is remanded to the trial court for further proceedings/trial for the purpose of resolving the issue on PNBs cross-claim against Spouses Mateo Cruz and Soledad del Rosario. SO ORDERED.