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Traders Royal Bank vs CA, Patria, Ruby Ann, etal

TRADERS ROYAL BANK, petitioner, vs. HON. COURT OF APPEALS, PATRIA, RUBY ANN, MARGARITA, ROSARIO, CYNTHIA, LINDA JOY, all surnamed CAPAY and RAMON A. GONZALES, respondents.

G.R. No. 114299 | 1999-09-24

D E C I S I O N


KAPUNAN, J.:

The present controversy has its roots in a mortgage executed by the spouses Maximo and Patria Capay in favor of Traders Royal Bank (TRB) pursuant to a loan extended by the latter to the former. The mortgage covered several properties, including a parcel of land, the subject of the present dispute.1 [Said piece of land had been registered in the name of the Capay spouses since December 14, 1959 under TCT No. T-6595 (Exh. "J"), and is more accurately described as follows:

A parcel of land (Lot 27-A-2-A of the subdivision plan (LRC) Psd-24029, being a portion of Lot 27-A-2, described on plan LRC Psd-23299, LRC...