Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
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*** Per Special Order No. 1429 dated March 12, 2013.
*FIRST DIVISION.
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1Rollo, pp. 3647. Penned by Associate Justice Isaias P. Dicdican with
Associate Justices Stephen C. Cruz and Amy C. LazaroJavier, concurring.
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2Id., at pp. 8687.
3Id., at pp. 240245. Penned by Judge Maria Nena J. Santos.
4Id., at pp. 192197, 236.
5Id., at pp. 198200, 236.
6Id., at pp. 236237.
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7Id., at pp. 183191.
8Id., at pp. 211215.
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9 Id., at pp. 243245.
10Id., at pp. 4447.
11200 Phil. 333, 347; 114 SCRA 842, 858 (1982).
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12G.R. No. 83992, January 27, 1993, 217 SCRA 554, 565.
13335 Phil. 914, 928; 268 SCRA 441, 454 (1997).
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14 AN ACT TO REGULATE THE SALE OF PROPERTY UNDER SPECIAL POWERS
INSERTED IN OR ANNEXED TO REAL ESTATE MORTGAGES, approved on March 6,
1924.
15Now Section 28 of Rule 39, 1997 Rules on Civil Procedure.
SEC. 28. Time and manner of, and amounts payable on, successive
redemptions; notice to be given and filed.The judgment obligor, or
redemptioner, may redeem the property from the purchaser, at any time
within one (1) year from the date of the registration of the certificate of
sale, by paying the purchaser the amount of his purchase, with one per
centum per month interest thereon in addition, up to the time of
redemption, together with the amount of any assessments or taxes which
the purchaser may have paid thereon after purchase, and interest on such
last named amount of the same rate; and if the purchaser be also a
creditor having a prior lien to that of the redemptioner, other than the
judgment under which such purchase was made, the amount of such other
lien, with interest.
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that he will pay all the damages which the bank may suffer by the
enjoining or the restraint of the foreclosure proceeding.
Notwithstanding Act 3135, juridical persons whose
property is being sold pursuant to an extrajudicial foreclosure,
shall have the right to redeem the property in accordance with
this provision until, but not after, the registration of the
certificate of foreclosure sale with the applicable Register of
Deeds which in no case shall be more than three (3) months
after foreclosure, whichever is earlier. Owners of property
that has been sold in a foreclosure sale prior to the effectivity of
this Act shall retain their redemption rights until their
expiration. (Emphasis supplied.)
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16See A.M. No. 9910050 Re: Procedure in Extrajudicial Foreclosure
of Mortgages, August 7, 2001 (Unsigned Resolution).
17 People v. Siton, G.R. No. 169364, September 18, 2009, 600 SCRA
476, 479, citing Lacson v. Executive Secretary, G.R. No. 128096, January
20, 1999, 301 SCRA 298.
18Beltran v. Secretary of Health, 512 Phil. 560, 588; 476 SCRA 168,
199200 (2005), citing Basco v. Philippine Amusements and Gaming
Corporation, G.R. No. 91649, May 14, 1991, 197 SCRA 52, 68 and Yu Cong
Eng v. Trinidad, 47 Phil. 385 (1925).
19Id.
20Art. III, Sec. 10 of the 1987 Constitution reads:
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Sec. 10. No law impairing the obligation of contracts shall be
passed.
21 Siska Development Corporation v. Office of the President of the
Phils., G.R. No. 93176, April 22, 1994, 231 SCRA 674, 680.
22Id., citing Clemons v. Nolting, 42 Phil. 702, 717 (1922).
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23JMM Promotion and Management, Inc. v. Court of Appeals, G.R. No.
120095, August 5, 1996, 260 SCRA 319, 331, citing Itchong v. Hernandez,
101 Phil. 1155, 1164 (1957).
24 Abbas v. Commission on Elections, 258 Phil. 870, 882; 179 SCRA
287, 299 (1989), citing People v. Vera, 65 Phil. 56 (1937); Laurel v. Misa,
76 Phil. 372 (1946); J.M. Tuason and Co., Inc. v. Land Tenure
Administration, No. L21064, February 18, 1970, 31 SCRA 413.
25 Id., citing Dumlao v. Commission on Elections, No. L52245,
January 22, 1980, 95 SCRA 392, 404.
26JMM Promotion and Management, Inc. v. Court of Appeals, supra
note 23, at p. 332.
27 Records of the Eleventh Congress showed that the consolidated
House Bill No. 6814 and Senate Bill No. 1519 under Conference
Committee Report submitted on April 28, 2000 contained the reconciled
Sec 47 that was approved and signed into law by the President of the
Philippines, and became R.A. 8791. Said final version of Sec. 47 was based
on the recommendation made by Senator Franklin Drilon during the
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of properties used for residence. But for properties for commercial or
industrial purposes, we may wish to review even the oneyear redemption
period because such inability to generate economic activity out of the
foreclosed property for a period of one year can tie up a lot of assets.
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30Beltran v. Secretary of Health, supra note 18, at p. 587; p. 198, citing
Vda. de Genuino v. Court of Agrarian Relations, No. L25035, February
26, 1968, 22 SCRA 792, 796797.
31 Basco v. Philippine Amusement and Gaming Corporation, supra
note 18, at p. 61, citing Edu v. Ericta, No. L32096, October 24, 1970, 35
SCRA 481, 487 & 488.
32 Beltran v. Secretary of Health, supra note 30, citing Ongsiako v.
Gamboa, 86 Phil. 50 (1950).
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