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Nabus (2009

)

Facts:
The spouses Bate and Julie Nabus were the owners of parcels of land with a total
area of 1,665 sq.m., situated in Pico, La Trinidad, Benguet, duly registered in
their names under TCT No. T-9697 of the Register of Deeds of the Province of
Benguet. The property was mortgaged by the spouses Nabus to the PH National Bank,
La Trinidad branch, to secure a loan in the amount of P30,000.

On February 19, 1977, the spouses Nabus executed a Deed of Conditional Sale
covering 1,000 sq.m. of the 1,665 sq.m. of land in favor of respondents spouses
Pacson for a consideration of P170,000 which was duly notarized on February 21,
1977.

Pursuant to the Deed of Conditional Sale, respondents paid PNB the amount of
P12,038.86 on February 22, 1977 and P20,744.30 on July 17, 1978 for the full
payment of the loan.

On December 24, 1977, before the payment of the balance of the mortgage amount with
PNB, Bate Nabus died. On August 17, 1978, his surviving spouse, Julie Nabus, and
their minor daughter, Michelle Nabus, executed a Deed of Extra Judicial Settlement
over the registered land covered by TCT No. 9697. On the basis of the said
document, TCT No. T-177188 was issued on February 17, 1984 in the names of Julie
Nabus and Michelle Nabus.