Laws and Found

G.R. No. 169116 March 28, 2007 Ponente: Chico-Nazario, J.: Service of Summons Facts: 1. Centrogen, a domestic corporation engaged in pharmaceutical business obtained several loans from Far East Bank and Trust Company (FEBTC), which was secured by a real estate mortage over a parcel of land by Irene Santiago. Subsequently, FEBTC merged with BPI. Due to failure of Centrogen to pay its loans,  BPI filed a case for Extra-Judicial Foreclosure of Real Estate Mortgage   over the subject property before the RTC of Sta. Cruz, Laguna. Thereafter, a Notice of Sale was issued by the Provincial Sheriff on 21 January 2003. On the same day, the Spouses Santiago were served with the copy of the Notice of Sale.Upon receipt the spouses and Centrogen filed a Complaint seeking the issuance of a TRO and Preliminary and Final Injunction and in the alternative, for the annulment of the Real Estate Mortgage with BPI. 2. The complaint alleged that the initial loan obligation...

G.R. 157745 September 26, 2006 Ponente: Austria-Martinez, J.: Forum Shopping; Litis Pendentia Facts:   1. The case involves 2 petitions for review under Rule 45 which were consolidated.  Both petitions originated from a Complaint for Nullification of Second Supplemental Extra-judicial Settlement, Mortgage, Foreclosure Sale and Tax Declaration filed by the petitioner Genalyn D. Young. In her complaint, she alleged that the extra-judicial partition executed by her mother that adjudicated an unregistered parcel of land solely in favor of the latter, is unenforceable, since at the time of the execution, she (petitioner) was only 15 years old and no court approval had been procured; that the partition had been registered with the Register of Deeds; that Lilia Dy obtained a loan from spouses Manuel Sy and Victoria Sy (respondents) and mortgaged the subject property; that the property was foreclosed and sold to the highest bidder, respondent Manuel Sy; that a Certificate o...

G.R. No. 170243 April 16, 2008  Facts of the Case:  Enrique Hinlo died intestate in 1986. His heirs, herein petitioners filed for letters of administration where the widow Ceferina was initially appointed as special administrator but was eventually replaced by Nancy Zayco and Remo Hinlo (as co-admin) due ot the illness of their mother. In 2003, respondent Atty. Hinlo, the grandson of the deceased filed for a petition of issuance of letters in his favor and for the removal of the petitioners. This was opposed by the petitioners. The lower court revoked the appointment of the petitioners and issued letters of administration in favor of respondent wherein he was also required to file a bond. The petitioners received the copy of the decision dated July 23 on August 2, 2002. They then file a Motion for reconsideration on August 9. The lower court (RTC) denied their motion in an order dated July 23, 2003. The petitioners received their copy of this decision on July 31, 2...