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Mahinay vs. Dura Tire & Rubber Industries, Inc.

MAKILITO B. MAHINAY, PETITIONER, VS. DURA TIRE & RUBBER INDUSTRIES, INC., RESPONDENT.

G.R. No. 194152 | 2017-06-05

DECISION
 
LEONEN, J.:
 
The period to redeem a property sold in an extrajudicial foreclosure sale is not extendible. A pending action to annul the foreclosure sale does not toll the running of the one (1)-year period of redemption under Act No. 3135.[1]

This resolves a Petition for Review on Certiorari[2] directly filed before this Court, assailing the Judgment on the Pleadings[3] dated April 13, 2010 and Order[4] dated September 2, 2010 rendered by Branch 20 of the Regional Trial Court of Cebu City in Civil Case No. CEB-33639. The trial court dismissed the Complaint filed by Makilito B. Mahinay (Mahinay), declaring that he already...