Professional Documents
Culture Documents
SAN PABLO
FACTS
Santos obtained a loan from Direct Funders in the amount
of P1,064,000. As a security for the loan, Natividad
executed a SPA in favor of Santos, authorizing the latter
to mortgage to Direct Funders a paraphernal real property
registered under her name.
In the Deed of REM, Sps San Pablo signed as comortgagors of Santos. It is clear between the parties that
loan obligation was for the sole benefit of Santos and the
deed was merely to accommodate the latter.
Prudencio (hubby)& Santos were close friends &business
associates. Prudencio was an incorporator & member of
BOD of Intergems where Santos acted as Pres.
Sps San Pablo received letter from Direct Funders
informing that Santos failed to pay his loan obligation.
Santos settled obligation the ff month.
Upon learning of Santos settlement of its obligation, Sps
San Pablo demanded from Santos to turn over to them
the TCT of the subject property but Santos failed to do so
despite repeated demands. Such refusal prompted Sps to
inquire the status of TCT w/ Register of Deeds of
Mandaue City and they discovered that property was
again used by Santos as collateral for another loan
obligation from Bank of Commerce.
In the annotation stamped at the back of title, Sps
purportedly authorized Santos to mortgage the subj
property to Bank of Commerce as evidenced by SPA
allegedly signed by Natividad (wife). Further shown that
Sps San Pablo signed a Deed of REM over subj property
in favor of Bank of Commerce which they never did.
Sps filed a Complaint seeking for the Quieting of Title and
Nullification of SPA and Deed of REM w/ prayer for
damages against Santos and Bank of Commerce before
MTC Mandaue.
-claimed that their signatures on SPA and Deed of
REM were forged.
-while the loan w/ Direct Funders was obtained
with their consent and direct participation, they never
authorized subsequent loan w/ Bank of Commerce.
During the pendency of the case, Bank of Commerce
initiated the foreclosure proceedings for non-payment of
loan. It emerged as the highest bidder and cert of sale was
issued to them.
Sps amended their complaint to include prayer for
annulment of the foreclosure sale.
Santos: loan w/ Bank of Commerce was deliberately
resorted to w/ consent, knowledge and direct
participation of sps in order to pay off obligation w/
Direct Funders. And it was Prudencio who caused
preparation of SPA, together w/ Santos, went to Bank of