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Luntao vs. BAP Credit Guaranty Corp.

VICENTE L. LUNTAO AND NANETTE L. LUNTAO, PETITIONERS, V. BAP CREDIT GUARANTY CORPORATION AND EFREN M. PINEDA, RESPONDENTS.

G.R. No. 204412 | 2017-09-20

D E C I S I O N
 
LEONEN, J.:
 
The validity of accessory contracts mainly flows from the validity of the principal contracts. A real estate mortgage is in the nature of an accessory contract. Thus, the validity of a mortgage contract that was constituted to secure a loan obligation is affected by the validity of the loan contract.
 
This is a Petition for Review on Certiorari[1] under Rule 45 of the 1997 Rules of Civil Procedure, praying that the August 9, 2011 Decision[2] and October 17, 2012 Resolution[3] of the Court of Appeals in CA-G.R. CV No. 72586-MIN be reversed and set aside.[4] The Court of Appeals...