Professional Documents
Culture Documents
Bonnevie vs. CA
Bonnevie vs. CA
ca
Facts:
•December 6, 1966: Spouses Jose M. Lozano and Josefa P. Lozano secured their loan of P75K from
Philippine Bank of Commerce (PBC) by mortgaging their property
•December 8, 1966: Executed Deed of Sale with Mortgage to Honesto Bonnevie where P75K is
payable to PBC and P25K is payable to Spouses Lanzano.
•April 28, 1967 to July 12, 1968: Honesto Bonnevie paid a total of P18,944.22 to PBC
•May 4, 1968: Honesto Bonnevie assigned all his rights under the Deed of Sale with Assumption of
Mortgage to his brother, intervenor Raoul Bonnevie
•June 10, 1968: PBC applied for the foreclosure of the mortgage, and notice of sale was published
•January 26, 1971: Honesto Bonnevie filed in the CFI of Rizal against Philippine Bank of Commerce for
the annulment of the Deed of Mortgage dated December 6, 1966 as well as the extrajudicial
foreclosure made on September 4, 1968.
•CFI: Dismissed the complaint with costs against the Bonnevies
•CA: Affirmed
ISSUE: W/N the forclosure on the mortgage is validly executed.