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Boston Equity Resources Inc. vs. Del Rosario

BOSTON EQUITY RESOURCES, INC., AND WILLIAM HERNANDEZ, PETITIONERS, VS. EDGARDO D. DEL ROSARIO, RESPONDENT. CHRISTINA G. DEL ROSARIO, PETER DEL ROSARIO, PAUL DEL ROSARIO, IN THEIR PERSONAL CAPACITY AND AS REPRESENTATIVE OF THE ESTATE OF ROSIE GONZALES DEL ROSARIO, RESPONDENTS-IN-INTERVENTION.

G.R. No. 193228 | 2017-11-27

D E C I S I O N
 
BERSAMIN, J.:
 
The two-bidder rule is not applicable during the public auction of the mortgaged assets foreclosed pursuant to Act No. 3135.[1] But the mortgage itself and the extrajudicial foreclosure thereof should nonetheless be nullified for lack of the written consent to the mortgage of conjugal assets by the spouse of the mortgagor.
 
The Case

Petitioner Boston Equity Resources, Inc. (Boston Equity), the mortgagee who was also the highest bidder of the assets under mortgage, hereby seeks the review and reversal of the adverse decision promulgated on April 28, 2010,[2] whereby the Court of Appeals...