PNB V.

Court of Appeals
G.R No. 98382 May 17, 1993

Melo, J.:
Facts:
The petitioner prayed before the court to reverse the ruling of the Court of Appeals.
Ruling of the CA: The foreclosure of the 2 land belonging to the plaintiff (Dela
Cruz) was unlawful for not complying with the requirements of notice before
foreclosure.
Requirements: The notices of sale under Section 3 of Act No. 3135, as
amended by Act No. 4118, on extra-judicial foreclosure of real estate
mortgage are required to be posted for not less than twenty days in at least
three public places of the municipality or city where the property is
situated, and if such property is worth more than four hundred pesos, such
notices shall also be published once a week for at least three consecutive
weeks in a newspaper of general circulation in the municipality or city.
The respondent court reversed the ruling of the trial court and declared void, inter alia, the
auction sale, Final deed of sale, and the consolidation of ownership.
Why: The publication of the notices on March 28, April 11, and April 12, 1969 did not
strictly follow the requirement of notice on the extra-Judicial foreclosure. The word 3
Consecutive weeks was used as a MEASURE OF DURATION OF TIME and without
reference to the calendar. (So hindi pwedeng notice on the last day of the 2nd week and on
the first day of the 3rd week. Simply means that 7 days should pass.)
Issue:
Whether the “3 Consecutive weeks” requirement provided under Act 4118 is to be counted with
regards to number of days or with reference to the calendar?
Ruling: The requirement is to be construed to refer to the number of days, and not with reference
to the calendar. Therefore, The Petitioner failed to comply with the requirement. The court
dismissed the petition.