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Jose Unchuan vs. Court of Appeals, etal.

JOSE UNCHUAN, petitioner, vs. COURT OF APPEALS, (Fifth Division), HON. SENEN G. PENARANDA, Regional Trial Court of Misamis Oriental, Branch 20, 10th Judicial Region, Cagayan de Oro City, ATTY. REXEL PACURIBOT or his Deputies, PROVINCIAL SHERIFF OF THE REGIONAL TRIAL COURT OF MISAMIS ORIENTAL & PHILIPPINE BANKING CORP., respondents.

G.R. No. 78775 | 1988-05-31

D E C I S I O N


CORTES, J.:

On November 3, 1976, Flora Jaldon, represented by her attorney-in-fact, Manuel Jaldon, Jr., mortgaged a parcel of land located in Cagayan De Oro City, containing an area of 184 square meters, and covered by Transfer Certificate of Title No. T-7564, to the Philippine Banking Corp. On December 10, 1976, petitioner Unchuan, claiming to be the owner of one-half of the mortgaged property, caused to be annotated on the title an adverse claim. The annotation reads:

Entry No. 52445 ---- Affidavit of Adverse Claim executed by Jose Unchuan claiming 1/2 portion of land embraced in this TCT by virtue of a verbal...