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RUSTICO A. ARDIENTE and ASUNCION PALOMARDIENTE v. PROVINCIAL SHERIFF

This case has been cited 2 times or more.

2009-06-19
YNARES-SANTIAGO, J.
Metrobank's reliance on Ardiente v. Provincial Sheriff[20] is misplaced. The cited case is merely a reiteration of the general rule, since the parties therein did not stipulate in their mortgage agreement that personal notice of judicial or extrajudicial actions shall be furnished the mortgagor.
2006-10-09
YNARES-SANTIAGO, J.
Assuming these allegations to be true, petitioners can validly seek the nullification of the foreclosure since the alleged restructuring of their debt would effectively modify the terms of the original loan obligations and accordingly supersede the original mortgage thus making the subsequent foreclosure void.  Similarly, the allegation of lack of notice if subsequently proven renders the foreclosure a nullity in line with prevailing jurisprudence.[11]