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China Banking Corporation Vs. Sps. Wenceslao & Marcelina Martir

CHINA BANKING CORPORATION, Petitioner, versus SPS. WENCESLAO & MARCELINA MARTIR, Respondents.

G.R. No. 184252 | 2009-09-11

DECISION


YNARES-SANTIAGO, J.:

Assailed is the November 28, 2007 Decision[1] of the Court of Appeals in CA-G.R. CV No. 00477 which reversed the April 27, 2004 Decision[2] of the Regional Trial Court of General Santos City, Branch 23; invalidated the foreclosure; and ordered the cancellation of the Certificate of Sale in favor of petitioner, China Banking Corporation. Also assailed is the August 6, 2008 Resolution[3] which denied the motion for reconsideration.

In 1994, respondents, spouses Wenceslao and Marcelina Martir, executed real estate mortgages in favor of petitioner China Banking Corporation over three parcels of land described...