This case has been cited 1 times or more.
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2005-09-30 |
QUISUMBING, J. |
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| The Court of Appeals dismissed said petition in its decision dated November 28, 2001. It held that the authorities relied upon by petitioner, namely Pascual v. Pascual[6] and Banco Español-Filipino v. Palanca,[7] are inapplicable in the instant case. The appellate court instead applied Hernandez v. Rural Bank of Lucena, Inc.[8] wherein we ruled that an action for the cancellation of a real estate mortgage is a personal action if the mortgagee has not foreclosed the mortgage and the mortgagor is in possession of the premises, as neither the mortgagor's title to nor possession of the property is disputed. | |||||