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El Hogar Filipino vs. Geronimo Paredes 45 Phil 178

EL HOGAR FILIPINO, petitioner, vs. GERONIMO PAREDES, as register of deeds of the Province of Occidental Negros, respondent.

G.R. No. 19843 | 1923-10-03

D E C I S I O N

STREET, J .:

This cause presents a single question of law, namely, whether the parties to a mortgage of real property may lawfully insert therein a clause giving to the mortgagee the power, upon default of the debtor, to foreclose the mortgage by an extrajudicial sale of the mortgaged property.

The facts necessary to a proper understanding of the case are briefly these: On September 26, 1919, Doña Aniceta Ardosa, of the City of Iloilo, executed a mortgage upon a rural estate located in the municipality of Manapla, Occidental Negros, and known as the Hacienda de Bayabas y Agtongtong, in favor of El Hogar Filipino, a...