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Manuel D. Medida vs. Court of Appeals

MANUEL D. MEDIDA, Deputy Sheriff of the Province of Cebu, CITY SAVINGS BANK (formerly Cebu City Savings and Loan Association, Inc.) and TEOTIMO ABELLANA, petitioners, vs. COURT OF APPEALS and SPS. ANDRES DOLINO and PASCUALA DOLINO, respondents.

G.R. No. 98334 | 1992-05-08

D E C I S I O N

REGALADO, J.:

The core issue in this case is whether or not a mortgagor, whose property has been extrajudicially foreclosed and sold at the corresponding foreclosure sale, may validly execute a mortgage contract over the same property in favor of a third party during the period of redemption.

The present appeal by certiorari assails the decision 1 of respondent Court of Appeals in CA-G.R. CV No. 12678 where it answered the question posed by the foregoing issue in the negative and modified the decision 2 of the then Court of First Instance of Cebu in Civil Case No. R-18616 wherein the validity of said subsequent mortgage was...