Back

Atty. Restituto G. Cudiamat, et al. Vs. Batangas Savings and Loan Bank, Inc. et al.

ATTY. RESTITUTO G. CUDIAMAT, ERLINDA P. CUDIAMAT[1] and CORAZON D. CUDIAMAT, Petitioners, versus BATANGAS SAVINGS AND LOAN BANK, INC., and THE REGISTER OF DEEDS, NASUGBU, BATANGAS, Respondents.

G.R. No. 182403 | 2010-03-09

D E C I S I O N


CARPIO MORALES, J.:

Petitioner Atty. Restituto Cudiamat and his brother Perfecto were the registered co-owners of a 320 square meter parcel of land (the property) in Balayan, Batangas, covered by TCT No. T-37889 of the Register of Deeds of Nasugbu, Batangas. Restituto, who resided in Ozamiz City with his wife, entrusted the custody of the title to who was residing in Balayan.

In 1979, Perfecto, without the knowledge and consent of Restituto, obtained a loan from respondent Batangas Savings and Loan Bank, Inc. (the bank). To secure the payment of the loan, Perfecto mortgaged the property for the purpose of which he...