Back

Teofilo Villarico vs CA, Diosdado Azarraga and Lolita Acebo Azarraga

TEOFILO C. VILLARICO, petitioner, vs. COURT OF APPEALS, DIOSDADO AZARRAGA and LOLITA ACEBO AZARRAGA, respondents.

G.R. No. 132115 | 2002-01-04

Mortgage

Facts: - Respondent Lolita obtained a loan from petitioner secured by a mortgage covering her house and lot. The real estate mortgage was co-signed by a man whom she introduced as her husband. This fact was disputed by Diosdado in a civil case for the nullification of the real mortgage.

- For failure of respondent to pay the loan, Teofilo extrajudicially foreclosed the mortgage and subsequently obtained the property during the public auction. He was then issued a writ of possession.

- Diosdado filed a case to nullify the mortgage. He claimed therein that the mortgage is stimulated because he did not sign the same. Lolita also...