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Jose F. Aparri vs. Court Of Appeals, Et Al.121 Phil. 589

JOSE F. APARRI, petitioner, vs. THE COURT OF APPEALS, SALVACION E. VDA. DE FERRO and LINO BAJAR, Sheriff of Masbate, respondents.

G.R. No. L-15947 | 1965-04-30

D E C I S I O N 


REGALA, J.: 

The record shows that on June 9, 1947, Jose F. Aparri mortgaged a piece of land to the Philippine National Bank to secure the payment of P600.00. The mortgage was registered in the Office of the Register of Deeds of Masbate on June 21, 1947. 

On July 1, 1953, a criminal case for malversation 1 of public funds amounting to P5,467.24 was filed against Aparri in the Justice of the Peace Court of Masbate, Masbate, which, on July 9, 1953, issued a writ of preliminary attachment against Aparri's properties, including the one he had mortgaged to the Philippine National Bank. 

In the meantime, Aparri...