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Manahan vs. Cruz

AMBROSIO MANAHAN, petitioner, vs. HONORABLE FERNANDO A. CRUZ, Judge, Court of First Intances of Rizal, Branch XII (Caloocan City); CITY SHERIFF of Caloocan City; and PHILIPPINE NATIONAL BANK, respondents.

G.R. No. L-26086 | 1974-11-21

D E C I S I O N

FERNANDO, J:

A specific codal provision to the effect that a mortgage extends "to the natural accessions, to the improvements, growing fruits, and the rents or income not yet received when the obligation becomes due," 1 as interposed authoritatively in Bischoff v. Pomar, 2 a 1909 decision, adhered to uninterruptedly all these years, precludes this Court from lending approval to petitioner's plea to have it set aside an order of respondent Judge Fernando A. Cruz granting a motion for the issuance of a writ of possession including the residential building as part of that such was not the intention of the parties. It is to...