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Philippine Savings Bank vs Lantin Duplex-apartment house on a lot in Sampaloc, Manila owned by Filomeno and Socorro Tabligan duplex

ex built by Candido Ramos, a duly licensed architect and a building contractor for 32, 927 spouses paid 7,139 only- hence the architect used his own money to finish the construction of the duplexapartment -25,788.50 in dec 1966 and feb 1967 spouses Tabligan obtained from Philippine Savings bank 3 loans in the total amount of 35,000 to complete the construction of the duplex apartment to secure the payment of the loans, the spouses executed 3 PNs and 3 Deeds of REM over the property subject all REM were registered with ROD Manila o TCTs were free from all liens and encumbrances at that time spouses later failed to pay their monthly amortizations so BANK FORECLOSED ON THE MORTGAGED AND WAS THE HIGHEST BIDDER AT THE PUBLIC AUCTION Lantin also filed an action against spouses to collect on unpaid cost of the construction and later succeeded in OBTAINING A WRIT OF PREL ATTACHMENT over the property- later adverse claim annotated at the back of the TCT o Trial court ruling: in favor of Architect but writ of exec unsatisfied Architect wrote letter to PSB FOR THE DELIVERY TO HIM OF HIS PRO-RATA SHARE OVER THE PROPERTY PSB REFUSED TO PAY WON ARCHITECT IS ENTITLED TO CLAIM A PRO-RATA SHARE IN THE VALUE OF THE PROPERTY IN QUESTION

Bank: De Barretto vs Villanueva- not the proceedings contemplated- there must be an insolvency proceeding or other liquidation proceeding; architect's lien did not acquire the character of a statutory lien equal to PSB's registered mortgage Ramos: proceedings in trial court can qualify as a general liquidation of the estate of the spouses Tabligan because the only existing property of spouses is the duplex apt


The proceedings in the court below do not partake of the nature of the insolvency proceedings or settlement of a decedent's estate. the action filed by Ramos was only to COLLECT THE UNPAID COST of the construction of the duplex apt insolvency proceedings and settlement of a decedent's estate are both proceedings in rem which are binding against the whole world regardless of WON persons having interest were notified or not- they are equally bound although lower court found that there were no known creditors other than the plaintiff and defendant herein o it will not bar other creditors in the event they show up and present their claims against PSB claiming that they also have preferred liens against the property involved TCT issued in favor of bank is supposed to be indefeasible it wouldnt hurt if annotated o as far as bank knew, it financed the entire construction "equivalent general liquidation"- purchaser in good faith and for value takes the registered land free from liens and encumbrances other thant the statutory liens and those recorded in the TCT