This case has been cited 2 times or more.
|
2010-04-20 |
LEONARDO-DE CASTRO, J. |
||||
| Before the RTC could resolve the motion for the issuance of an alias writ of possession, respondents spouses Basa and Eduardo Basa, on June 2, 1993, filed a Motion for Leave to Intervene and Petition in Intervention (with Prayer for Temporary Restraining Order and/or Writ of Preliminary Injunction).[11] Respondents anchored said petition for intervention on Section 8[12] of Act No. 3135, as amended, which gives the debtor/mortgagor the remedy to petition that the sale be set aside and the writ of possession be cancelled. In the said petition for intervention, respondents averred that the extrajudicial foreclosure of the subject properties was a nullity since notices were not posted and published, written notices of foreclosure were not given to them, and notices of sale were not tendered to the occupants of the sold properties, thereby denying them the opportunity to ventilate their rights.[13] Respondents likewise insisted that even assuming arguendo that the foreclosure sale were valid, they were still entitled to redeem the same since the one-year redemption period from the registration of the sheriff's certificate of foreclosure sale had not yet prescribed.[14] Citing Bernardez v. Reyes[15] and Bass v. De la Rama,[16] respondents theorized that the instrument is deemed registered only upon actual inscription on the certificate of title in the custody of the civil registrar.[17] Since the sheriff's certificate was only inscribed on the owner's duplicate certificate of title, and not on the certificate of title in the possession of the Register of Deeds, then there was no effective registration and the one-year redemption period had not even begun to run. Thus, respondents asked the RTC, among others, to declare the foreclosure sale null and void, to allow the respondents to redeem the mortgaged properties in the amount of P21,160.00, and to cancel the Writ of Possession dated March 9, 1993. | |||||
|
2009-03-13 |
CHICO-NAZARIO, J. |
||||
| In a long line of cases, however, we have consistently held that this one-year redemption period should be counted not from the date of foreclosure sale, but from the time the certificate of sale was registered with the Register of Deeds.[34] In this case, therefore, the one-year redemption period should be reckoned from the time the certificate of sale was registered on 27 October 1971.[35] | |||||