SUPREME COURT DECISIONS

Search for www.chanrobles.com

PLEASE CLICK HERE FOR THE LATEST ➔ SUPREME COURT DECISIONS

EN BANC

G.R. No. L-48133         December 31, 1942

FRANCISCO BANTA, ET AL., Plaintiffs-Appellants, vs. GERONIMO PACHECO and EULOGIO SEVILLE, Defendants-Appellees.

----------------------------------------

G.R. No. L-48134         December 31, 1942

GERONIMO PACHECO and EULOGIO SEVILLE, Plaintiffs-Appellees, v. LA PREVISORA FILIPINA, Mutual Building and Loan Association, FRANCISCO BANTA and TEODORA BANTA, Defendants-Appellants.

Francisco Dalupan and Pedro A. Revilla for appellants.
Alfredo B. Calupitan for appellees.

BOCOBO, J.: chanrobles virtual law library

PUBLIC EXTRAJUDICIAL SALE; PUBLICATION OF NOTICE IN NEWSPAPER. - Section 3 of Act No. 3135 merely requires that the notice be published "in a newspaper of general circulation." The newspaper need not have the largest circulation, so long as it is of general circulation. It is presumed that the requisites of the law regarding publication in a newspaper of general circulation have been complied with, which presumption has not been successfully rebutted by appellee. Held: That the publication of the notice of sale in the newspaper La Opinion, together with the posting of the notice at the municipal building, the public market and the cockpit, was a sufficient compliance with the law. By such publication and posting, a reasonable publication and posting, a reasonable publicity had been made so that those interested might attend the public sale.