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Banco Filipino Savings and Mortgage Bank vs Hon. Florentino Tuazon, Jr., et al

BANCO FILIPINO SAVINGS AND MORTGAGE BANK, petitioner, vs. HON. FLORENTINO A. TUAZON, JR., MIGUEL CANO, NONATA LIZARES, LOUISA LIZARES, CONGREGACION DE LAS HIJAS DE LA CARIDAD and DAUGHTERS OF CHARITY, respondents.

G.R. No. 132795 | 2004-03-10

D E C I S I O N

AUSTRIA-MARTINEZ, J.:

On June 25, 1981, petitioner Banco Filipino Savings and Mortgage Bank filed a complaint[1] against Philippine Underwriter Finance Corporation (Philfinance) and City Bank, N.A., before the then Court of First Instance of Rizal for foreclosure of a real estate mortgage constituted in its favor by Philfinance in the latter part of 1970. The trial court, now Regional Trial Court of Makati, Branch 141, rendered judgment in favor of petitioner on February 6, 1985 which was affirmed by the Court of Appeals and this Court.

Upon remand of the records to Branch 141, petitioner, on March 28, 1988, filed a...