Back

Gregorio C. Javelosa vs CA, et al.

GREGORIO C. JAVELOSA, petitioner, vs. COURT OF APPEALS, SPOUSES CORAZON J. DE LEON & MELVIN DE LEON, SPOUSES KRISTINE SOLINAP & ALFONSO SOLINAP, MARLINA J. BALLEZA, MYRNA J. SERVANDO, respondents.

G.R. No. 124292 | 1996-12-10

PUNO, J.:


The subject land, with an area of 2,061 square meters, situated in Jaro, Iloilo City, was originally owned by petitioner Gregorio Javelosa. Sometime in the 70's, petitioner mortgaged said land to Jesus Jalbuena to secure several loans. Petitioner failed to pay his loans and Jalbuena, as mortgagee, foreclosed on the land and purchased it as highest bidder at the foreclosure sale.

During the one-year period of redemption, petitioner-mortgagor filed an action against the mortgagee at the Regional Trial Court (RTC) of Iloilo City to annul the mortgage contracts and public auction sale (Civil Case No. 16460). 1 He claimed that the...