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This document discusses assignment of credit and redemption periods in Philippine law. It states that in an assignment of credit, the assignee acquires the same rights and powers to enforce the credit as the original creditor. The redemption period is not extended just because a bank assigned its mortgage interest to a non-bank entity, as the assignee assumes the same rights and benefits of the original mortgagee bank, including a shortened redemption period under the General Banking Law of 2000. The liberal interpretation of redemption periods does not apply when the mortgagor's right to redeem was justifiably defeated.
This document discusses assignment of credit and redemption periods in Philippine law. It states that in an assignment of credit, the assignee acquires the same rights and powers to enforce the credit as the original creditor. The redemption period is not extended just because a bank assigned its mortgage interest to a non-bank entity, as the assignee assumes the same rights and benefits of the original mortgagee bank, including a shortened redemption period under the General Banking Law of 2000. The liberal interpretation of redemption periods does not apply when the mortgagor's right to redeem was justifiably defeated.
This document discusses assignment of credit and redemption periods in Philippine law. It states that in an assignment of credit, the assignee acquires the same rights and powers to enforce the credit as the original creditor. The redemption period is not extended just because a bank assigned its mortgage interest to a non-bank entity, as the assignee assumes the same rights and benefits of the original mortgagee bank, including a shortened redemption period under the General Banking Law of 2000. The liberal interpretation of redemption periods does not apply when the mortgagor's right to redeem was justifiably defeated.
petitioner, vs. GRANDWOOD FURNITURE & WOODWORK, INC., respondent.
Assignment of Credit; In an assignment of credit, the assignee is subrogated to the
rights of the original creditor, such that he acquires the power to enforce it, to the same extent as the assignor could have enforced it against the debtor.—In an assignment of credit, the assignee is subrogated to the rights of the original creditor, such that he acquires the power to enforce it, to the same extent as the assignor could have enforced it against the debtor. Through the assignment of credit, the new creditor is entitled to the rights and remedies available to the previous creditor, and includes accessory rights such as mortgage or pledge.
General Banking Law of 2000; In Goldenway Merchandising Corporation v.
Equitable PCI Bank, 693 SCRA 439 (2013), the Court explained that the shortened period under Section 47 of Republic Act (RA) No. 8791 served as additional security for banks to maintain their solvency and liquidity.—Such interpretation is in harmony with the avowed purpose of R.A. No. 8791 in providing for a shorter redemption period for juridical persons. In Goldenway Merchandising Corporation v. Equitable PCI Bank, 693 SCRA 439 (2013), the Court explained that the shortened period under Section 47 of R.A. No. 8791 served as additional security for banks to maintain their solvency and liquidity. Redemption; In City of Davao v. Intestate Estate of Amado S. Dalisay, 763 SCRA 99 (2015), the Court eruditely explained that the liberal construction of the redemption period is not a panacea readily invoked by mortgagors whose right to redeem had been justifiably defeated.—Although it is true that, generally, redemption is liberally construed in favor of the mortgagor, the rule cannot be applied in the present case. In City of Davao v. Intestate Estate of Amado S. Dalisay, 763 SCRA 99 (2015), the Court eruditely explained that the liberal construction of the redemption period is not a panacea readily invoked by mortgagors whose right to redeem had been justifiably defeated. Assignment of Credit; Redemption; The redemption period is not extended by the mere fact that the bank assigned its interest to the mortgage to a nonbanking institution because the assignee merely steps into the shoes of the mortgagee bank and acquires all its rights, interests and benefits under the mortgage — including the shortened redemption period.—The shortened period of redemption provided in Section 47 of R.A. No. 8791 serves as additional security and protection to mortgagee- banks in order for them to maintain a solvent and liquid financial status. The period is not extended by the mere fact that the bank assigned its interest to the mortgage to a nonbanking institution because the assignee merely steps into the shoes of the mortgagee bank and acquires all its rights, interests and benefits under the mortgage — including the shortened redemption period.