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Bank Of The Philippine Islands vs Carlos Leobrera And CA

BANK OF THE PHILIPPINE ISLANDS, petitioner, vs. CARLOS LEOBRERA AND COURT OF APPEALS, respondents.

G.R. No. 137147 | 2002-01-29

D E C I S I O N

PARDO, J.:

The Case

The case is an appeal via certiorari from the decision of the Court of Appeals affirming[1] that of the trial court sentencing petitioner to pay actual and moral damages and to reconvey to respondent Leobrera property mortgaged to petitioner which it acquired in the auction sale following foreclosure of mortgage, and costs of suit.[2]

The Facts

The facts, as found by the Court of Appeals, are as follows:

"Carlos B. Leobrera, plaintiff-appellee herein is engaged in shell manufacturer, retail and shell craft export. He has been a valued client of Bank of Philippine Islands (BPI), herein...