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** Designated acting member per Special Order No. 1006 dated 10 June 2011.
*** Designated acting member per Special Order No. 1040 dated 6 July 2011.
*THIRD DIVISION.
257
258
The Case
The Facts
259
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1Rollo, p. 37.
2Id., at p. 13.
3Id., at p. 113.
260
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4Id., at p. 37.
5Id.
6Id., at p. 117.
7Id., at p. 114.
8Id., at pp. 3738.
9Id., at p. 117.
261
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10Id., at p. 115.
11Id., at p. 38.
12Id., at p. 123. (Citation omitted.)
262
On appeal, GMC argued that the trial court erred in: (1)
declaring the extrajudicial foreclosure proceedings null and
void; (2) ordering GMC to pay Spouses Ramos attorneys
fees; and (3) not awarding damages in favor of GMC.
The CA sustained the decision of the trial court but
anchored its ruling on a different ground. Contrary to the
findings of the trial court, the CA ruled that the
requirements of posting and publication of notices under
Act No. 3135 were complied with. The CA, however, still
found that GMCs action against Spouses Ramos was
premature, as they were not in default when the action was
filed on May 7, 1997.14
The CA ruled:
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263
The Issues
A. WHETHER [THE CA] MAY CONSIDER ISSUES NOT ALLEGED
AND DISCUSSED IN THE LOWER COURT AND LIKEWISE
NOT RAISED BY THE PARTIES ON APPEAL, THEREFORE
HAD DECIDED THE CASE NOT IN ACCORD WITH LAW AND
APPLICABLE DECISIONS OF THE SUPREME COURT.
B. WHETHER [THE CA] ERRED IN RULING THAT PETITIONER
GMC MADE NO DEMAND TO RESPONDENT SPOUSES FOR
THE FULL PAYMENT OF THEIR OBLIGATION CONSIDERING
THAT THE LETTER DATED MARCH 31, 1997 OF PETITIONER
GMC TO RESPONDENT SPOUSES IS TANTAMOUNT
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15Id., at p. 41.
16Id., at pp. 3644. Penned by Associate Justice Priscilla J. BaltazarPadilla and concurred in
264
17Id., at p. 18.
18Id., at p. 19.
19 Id., at pp. 194199.
20 G.R. No. 108951, March 7, 2000, 327 SCRA 283, 288289. See also Kulas
Ideas & Creations v. Alcoseba, G.R. No. 180123, February 18, 2010, 613 SCRA 217,
231.
265
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21 Selegna Management and Development Corporation v. United
Coconut Planters Bank, G.R. No. 165662, May 3, 2006, 489 SCRA 125,
138.
266
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22G.R. No. 150097, February 26, 2007, 516 SCRA 644, 650. (Emphasis
supplied.)
23 Id.
267
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24 Tirazona v. Court of Appeals, G.R. No. 169712, March 14, 2008, 548
SCRA 560, 581.
25 Heirs of Completo & Abiad v. Sgt. Albayda, G.R. No. 172200, July 6,
2010, 624 SCRA 97, 110.
** Additional member per Special Order No. 1042 dated July 6, 2011.
*** Additional member per raffle dated July 13, 2011.
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