Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
*
No. L57757. August 31, 1987.
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* FIRST DIVISION.
436
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actions, however, they are actions in personam that bind only the
particular individuals who are parties thereto. The PNB not being
a party in said cases is not bound by the said decisions, Nor does
it appear that the PNB was aware of the said decisions when it
extended the above described mortgage loans. Indeed, if the PNB
knew of the conjugal nature of said properties it would not have
approved the mortgage applications covering said properties of
Donata Montemayor without requiring the consent of all the other
heirs or coowners thereof. Moreover, when said properties were
sold at public auction, the PNB was a purchaser for value in good
faith so its right thereto is beyond question.
437
GANCAYCO, J.:
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438
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439
6
ing titles were issued.
During the lifetime of Clodualdo Vitug he married two
times. His first wife was Gervacia Flores with whom he
had 3 children, namely, Victor, Lucina and Julio all
surnamed Vitug. Victor now dead is survived by his 5
children: Leonardo, Juan, Candido, Francisco and
Donaciano, all surnamed Vitug. Juan Vitug is also dead
and is survived by his only daughter Florencia Vitug.
The second wife of Clodualdo Vitug was Donata
Montemayor with whom he had 8 children, namely,
Pragmacio, Maximo, Jesus, Salvador, Prudencio and
Anunciacion, all surnamed Vitug, the late Enrique Vitug
represented by his wife Natalia Laquian, and the late
Francisco Vitug who is survived by 11 children, namely,
Antonio, Francisco, Aurora, Pedro, Honorio, Corazon,
Anselmo, Benigno, Eligio, Jesus and Luz.
Clodualdo Vitug died intestate on May 20,1929 so his
estate was settled and distributed in Special Proceeding
No. 422 in the Court of First Instance of Pampanga 7
wherein Donata Montemayor was the Administratrix.
Meanwhile, on May 12, 1958, Donata Montemayor
executed a contract of lease of Lot No. 24, which is covered
by TCT No. 2887R in favor of her children Pragmacio and
Maximo both surnamed Vitug. This lease was extended on
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6 Pars. 6 to 10 and 11, Partial Stipulation of Facts, pp. 124, 125 and
139, Record on Appeal.
7 Pars. 22, 23 and 24, Partial Stipulation of facts, pp. 144145, Record
on Appeal.
8 Pars. 5, 6, 7, 8, 15, pp. 136140, supra.
440
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441
II
III
IV
442
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14 Cui and Joven vs. Henson, 51 Phil. 606, 612 Roxas vs. Dinglasan, L
27234, May 30, 1969, 28 SCRA 430.
15 91 Phil. 286.
16 93 Phil. 99.
17 91 Phil. 289.
18 Exhibit 17 PNB & 18 PNB, Pp. 210212, Record on Appeal.
19 Ang Lam vs. Rosillosa, L3595, May 22, 1950 Hernandez vs. Rural
Bank of Lucena, L2979, Jan. 10, 1978, 81SCRA 8485.
444
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20 Fule vs. Legare, supra Arches vs. Billanes, L20452, April 30, 1965,
13 SCRA 715.
21 Vitug vs. Montemayor, 91 Phil. 286, 288 see also Exhibits 3
Mendiola, 3A Mendiola, 3B Mendiola, pp. 238240, Record on Appeal.
22 Exhibits 1, 1A, and 1B Mendiola, 2 and 2A Mendiola, pp. 236238,
Record on Appeal.
23 Tijam vs. Sibonghanoy, L21450, April 15, 1968, 32 SCRA 29.
24 Section 3 (b), Rule 131, Rules of Court.
445
o0o
446
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