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STA. IGNACIA RURAL BANK v. CA AND SPS. CONRADO PABLO AND JUANITA GONZALES

This case has been cited 2 times or more.

2010-04-20
LEONARDO-DE CASTRO, J.
Respondents disagree with NHA's opinion that Bass v. De la Rama was superceded by Development Bank of the Philippines v. Acting Register of Deeds of Nueva Ecija. They are of the persuasion that the ruling in DBP pertains exclusively to the unique factual milieu and the issues attendant therein, but not to the instant case where Bass purportedly applies. Respondents also assail NHA's citation of Sta. Ignacia Rural Bank, Inc. v. Court of Appeals.[34] According to them, said case finds no application to the instant controversy because the issue involved in the former was whether the redemption period should be reckoned from the date of the auction sale or the registration of the certificate of sale, which ostensibly is not the bone of contention in this case.
2010-04-07
VILLARAMA, JR., J.
In Sta. Ignacia Rural Bank, Inc. v. Court of Appeals, [15] we summarized the rules on redemption in the case of an extrajudicial foreclosure of land acquired under our free patent or homestead statutes as follows. If the land is mortgaged to a rural bank under Republic Act No. 720, as amended, the mortgagor may redeem the property within two (2) years from the date of foreclosure or from the registration of the sheriff's certificate of sale at such foreclosure if the property is not covered or is covered, respectively, by a Torrens title. If the mortgagor fails to exercise such right, he or his heirs may still repurchase the property within five (5) years from the expiration of the two (2)-year redemption period pursuant to Section 119 of the Public Land Act (C.A. No. 141). If the land is mortgaged to parties other than rural banks, the mortgagor may redeem the property within one (1) year from the registration of the certificate of sale pursuant to Act No. 3135. If he fails to do so, he or his heirs may repurchase the property within five (5) years from the expiration of the redemption period also pursuant to Section 119 of the Public Land Act.