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Guillermo Adriano vs Romulo Pangilinan

GUILLERMO ADRIANO, petitioner, vs. ROMULO PANGILINAN, respondent.

G.R. No. 137471 | 2002-01-16

D E C I S I O N

PANGANIBAN, J.:

Loss brought about by the concurrent negligence of two persons shall be borne by the one who was in the immediate, primary and overriding position to prevent it. In the present case, the mortgagee -- who is engaged in the business of lending money secured by real estate mortgages -- could have easily avoided the loss by simply exercising due diligence in ascertaining the identity of the impostor who claimed to be the registered owner of the property mortgaged.

The Case

Before us is a Petition for Review under Rule 45 of the Rules of Court, assailing the November 11, 1998 Decision[1] of the Court of...