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Castro, Jr. vs Court of Appeals 321 Phil. 262

LUIS CASTRO, JR., MARISSA CASTRO, RAMON CASTRO, MARY ANN CASTRO, CATHERINE CASTRO and ANTONIO CASTRO, petitioners, vs. HON. COURT OF APPEALS and UNION BANK OF THE PHILIPPINES, respondents.

G.R. No. 97401 | 1995-12-06

D E C I S I O N

VITUG, J.:

The instant petition for review on certiorari of the decision, 1 dated 11 October 1990, of the Court of Appeals is focused on the issue of whether or not a residential house, which was constructed by a lessee on a portion of the leased property therefore encumbered under a real estate mortgage by the lessor, can be rightly covered by a writ of possession following the foreclosure sale of the mortgaged land.

The facts are not in any serious dispute.

On 15 August 1974, Cabanatuan City Colleges obtained a loan from the Bancom Development Corporation. In order to secure the indebtedness, the college mortgaged to Bancom...