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Banco Filipino Savings and Mortgage Bank vs Juanita B. Ybanez, et al.

BANCO FILIPINO SAVINGS AND MORTGAGE BANK, Petitioner, versus JUANITA B. YBANEZ, CHARLES B. YBANEZ, JOSEPH B. YBANEZ and JEROME B. YBANEZ, Respondents.

G.R. No. 148163 | 2004-12-06

D E C I S I O N


QUISUMBING, J.:

In this petition for review, Banco Filipino Savings and Mortgage Bank seeks the reversal of the Decision[1] dated April 17, 2001 of the Court of Appeals in CA-G.R. CV No. 57927 affirming the Decision[2] dated July 16, 1997 of the Regional Trial Court, Branch 13 of Cebu City in Civil Case No. CEB-16548.

The facts of this case are as follows:

On March 7, 1978, respondents obtained a loan secured by a Deed of Real Estate Mortgage over Transfer Certificate of Title (TCT) No. 69836 from petitioner bank. The loan was used for the construction of a commercial building in Cebu City. On October 25, 1978, respondents...