Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1933 > November 1933 Decisions > G.R. No. 38925 November 7, 1933 - YAP ANTON v. ADELAIDA CABULONG

058 Phil 705:




PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. 38925. November 7, 1933.]

YAP ANTON, Plaintiff-Appellee, v. ADELAIDA CABULONG, administratrix of the estate of the deceased Santiago Fian, Defendant-Appellant.

Teodoro A. Aviles, for Appellant.

Filemon Sotto, for Appellee.

SYLLABUS


1. APPEAL AND ERROR; EVIDENCE; EXCEPTIONS; CODE OF CIVIL PROCEDURE, SECTION 142, CONSTRUED. — Where a mortgage is offered and admitted without the opposing party noting any exception, and it was only on the following day to which the case was adjourned in order to give counsel for the defendant time to deliberate as to whether or not be desired to present evidence, that an exception was noted, this was not a compliance with section 142 of the Code of Civil Procedure.

2. MORTGAGES; VALIDITY BETWEEN THE PARTIES THERETO; SECTION 194 OF THE ADMINISTRATIVE CODE, AS AMENDED, CONSTRUED. — Where a mortgage may have been defective as to the description of the real estate which it purported to cover, but nevertheless was registered in the office of the register of deeds, it is valid between the parties thereto.


D E C I S I O N


MALCOLM, J.:


On March 10, 1922, Santiago Fian executed an instrument in favor of Yap Anton in which the former acknowledged a debt in the amount of P33,000 due the latter, and accomplished a mortgage on ten parcels of land. The document was recorded in the office of the register of titles. Fian having failed to make payment as provided in the mortgage, after his death Yap Anton began an action of foreclosure against the estate of the deceased, and judgment to this effect was obtained in the Court of First Instance of Leyte.

On appeal, the sole argument advanced on behalf of the defendant and appellant is addressed to the point that the instrument is not a true contract of mortgage, and consequently can have no legal force. There are two very plain reasons why this argument can not be accepted. In the first place, the mortgage was offered in evidence and admitted without the opposing party noting any exception, and it was only on the following day, to which the case was adjourned in order to give counsel for the defendant time to deliberate as to whether or not he desired to present evidence, that an exception was noted. This was not a compliance with section 142 of the Code of Civil Procedure, for the party excepting to the ruling did not "forthwith inform the court that he excepts to the ruling." (Abrenica v. Gonda and De Gracia [1916], 34 Phil., 739.) In the second place, section 194 of the Administrative Code, as amended by Acts Nos. 2837 and 3344, now governs, and in accordance therewith, whatever be the view as to the validity of the mortgage as to third parties, such an instrument is valid "between the parties thereto", even if not registered in the office of the register of deeds. The mortgage in question may have been defective as to the description of the real estate which it purported to cover, but notwithstanding was registered and the action here involves only the parties to the mortgage. (Estate of Mota v. Conception [1932], 56 Phil 712.)

For the two reasons above indicated, the principal assignment of error will have to be overruled, with the result of affirming the judgment appealed from, the costs of this instance to be paid by the Appellant.

Villa-Real, Abad Santos, Hull and Imperial, JJ., concur.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






November-1933 Jurisprudence                 

  • G.R. No. 38384 November 3, 1933 - CORAZON CH. R. VELOSO v. LA URBANA

    058 Phil 681

  • G.R. No. 38816 November 3, 1933 - INSULAR DRUG CO. v. PHILIPPINE NATIONAL BANK, ET AL.

    058 Phil 684

  • G.R. No. 38076 November 4, 1933 - PEOPLE OF THE PHIL. v. EDUVIGIO MENDOZA

    058 Phil 689

  • G.R. No. 40624 November 4, 1933 - SAN NICOLAS TRANSPORTATION COMPANY v. PUBLIC SERVICE COMMISSION, ET AL.

    058 Phil 697

  • G.R. No. 38810 November 6, 1933 - TAN SENGUAN & CO., INC. v. PHILIPPINE TRUST COMPANY

    058 Phil 700

  • G.R. No. 38925 November 7, 1933 - YAP ANTON v. ADELAIDA CABULONG

    058 Phil 705

  • G.R. No. 37281 November 10, 1933 - W. S. PRICE, ET AL. v. H. MARTIN

    058 Phil 707

  • G.R. No. 37565 November 13, 1933 - PEOPLE OF THE PHIL. v. LUIS J. PEGARUM

    058 Phil 715

  • G.R. No. 37736 November 13, 1933 - PEOPLE OF THE PHIL. v. JOSE MATELA

    058 Phil 718

  • G.R. No. 38085 November 13, 1933 - ANGELA MONTENEGRO v. CONSUELO ROXAS DE GOMEZ, ET AL.

    058 Phil 723

  • G.R. No. 39033 November 13, 1933 - MONS. SANTIAGO SANCHO v. MARCIANA ABELLA

    058 Phil 728

  • G.R. No. 39630 November 13, 1933 - THE PEOPLE OF THE PHILIPPINE ISLANDS v. LEONCIO ROXAS

    058 Phil 733

  • G.R. No. 37730 November 14, 1933 - GREGORIO ARANETA v. LYRIC FILM EXCHANGE

    058 Phil 736

  • G.R. No. 38942 November 14, 1933 - PEOPLE OF THE PHIL. v. HIGINO LAUAS

    058 Phil 742

  • G.R. No. 38178 November 15, 1933 - PEOPLE OF THE PHIL. v. MARIANO BUYSON LAMPA

    058 Phil 757

  • G.R. No. 39706 November 15, 1933 - CEBU TRANSIT CO. v. AGUSTIN JEREZA

    058 Phil 760

  • G.R. No. 40368 November 16, 1933 - ANACLETO PIIT v. VICENTE B. DE LARA

    058 Phil 765

  • G.R. No. 37854 November 17, 1933 - ALEIDA SAAVEDRA v. RAFAEL MARTINEZ, ET AL.

    058 Phil 767

  • G.R. No. 38226 November 17, 1933 - PEOPLE OF THE PHIL.vs. LUIS LAPITAN, ET AL.

    058 Phil 774

  • G.R. Nos. 38527 & 38528 November 18, 1933 - PEOPLE OF THE PHIL.vs. BASILIO BACCAY, ET AL.

    058 Phil 780

  • G.R. No. 38544 November 18, 1933 - PAZ DE SANTOS v. BANK OF THE PHILIPPINE ISLANDS

    058 Phil 784

  • G.R. No. 38741 November 18, 1933 - CEBU MUTUAL BUILDING AND LOAN ASSOCIATION v. JUAN POSADAS

    058 Phil 792

  • G.R. No. 38948 November 18, 1933 - PEOPLE OF THE PHIL. v. TOMAS MANANSALA, ET AL.

    058 Phil 796

  • G.R. No. 37708 November 20, 1933 - ASUNCION NUEVA-ESPAÑA v. VICENTE MONTELIBANO, ET AL.

    058 Phil 807

  • G.R. No. 38479 November 20, 1933 - QUINTIN DE BORJA v. FRANCISCO DE BORJA

    058 Phil 811

  • G.R. No. 36906 November 21, 1933 - IN N RE: FRANK H. GOULETTE

    058 Phil 813

  • G.R. No. 38230 November 21, 1933 - PEOPLE OF THE PHIL. v. BITDU

    058 Phil 817

  • G.R. No. 36923 November 24, 1933 - EMILIO GASTON v. JOSE HERNAEZ and ELEUTERIA CHONG VELOSO

    058 Phil 823

  • G.R. No. 37913 November 24, 1933 - ROSALIA ROSADO v. DIRECTOR OF LANDS, ET AL.

    058 Phil 833

  • G.R. No. 39309 November 24, 1933 - LE KIM v. PHILIPPINE AERIAL TAXI CO., INC.

    058 Phil 838

  • G.R. No. 39552 November 24, 1933 - PEOPLE OF THE PHIL. v. LORENZO DE LA CRUZ

    058 Phil 842

  • G.R. No. 40373 November 24, 1933 - JOAQUIN S. TORRES v. SUPERINTENDENT OF SAN RAMON PRISON AND PENAL FARM

    058 Phil 847

  • G.R. No. 38443 November 25, 1933 - PEOPLE OF THE PHIL. v. ELISEA YLAGAN

    058 Phil 851

  • G.R. No. 39593 November 27, 1933 - WESTMINSTER BANK, LIMITED v. K. NASSOOR

    058 Phil 855

  • G.R. No. 40140 November 27, 1933 - PEOPLE OF THE PHIL. v. ANSELMO IGNACIO, ET AL.

    058 Phil 858

  • G.R. No. 39110 November 28, 1933 - ANTONIA L. DE JESUS, ET AL. v. CESAR SYQUIA

    058 Phil 866

  • G.R. No. 37694 November 28, 1933 - ANA VERENA VAZQUEZ ARIAS, ET AL. v. ANTONIO VAZQUEZ ARIAS, ET AL.

    058 Phil 878

  • G.R. No. 37756 November 28, 1933 - SINSFORO v. SERAPIA DE GALA

    058 Phil 881

  • G.R. Nos. 399902 & 39903 November 29, 1933 - DOMINADOR RAYMUNDO v. LUNETA MOTOR CO.

    058 Phil 889