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BPI vs. Yu

BANK OF THE PHILIPPINE ISLANDS, INC., Petitioner, versus SPS. NORMAN AND ANGELINA YU and TUANSON BUILDERS CORPORATION represented by PRES. NORMAN YU, Respondents

G.R. No. 184122 | 2010-01-20

DECISION

ABAD, J.:

This case is about the propriety of a summary judgment in resolving a documented claim of alleged excessive penalty charges, interest, attorney's fees, and foreclosure expenses imposed in an extrajudicial foreclosure of mortgage.

The Facts and the Case

Respondents Norman and Angelina Yu (the Yus), doing business as Tuanson Trading, and Tuanson Builders Corporation (Tuanson Builders) borrowed various sums totaling P75 million from Far East Bank and Trust Company. For collateral, they executed real estate mortgages over several of their properties,[1] including certain lands in Legazpi City owned by Tuanson Trading.[2] In...