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Bucton vs. Rural Bank of El Salvador

NICANORA G. BUCTON (DECEASED), SUBSTITUTED BY REQUILDA B. YRAY, PETITIONER, VS. RURAL BANK OF EL SALVADOR, INC., MISAMIS ORIENTAL, AND REYNALDO CUYONG, RESPONDENTS, VS. ERLINDA CONCEPCION AND HER HUSBAND AND AGNES BUCTON LUGOD, THIRD PARTY DEFENDANTS.

G.R. No. 179625 | 2014-02-24

SECOND DIVISION
 
D E C I S I O N

DEL CASTILLO, J.:

A mortgage executed by an authorized agent who signed in his own name without indicating that he acted for and on behalf of his principal binds only the agent and not the principal.

This Petition for Review on Certiorari[1] under Rule 45 of the Rules of Court assails the August 17, 2005 Decision[2] and the June 7, 2007 Resolution[3] of the Court of Appeals (CA) in CA-G.R. CV No. 60841.

Factual Antecedents

On April 29, 1988, petitioner Nicanora G. Bucton filed with the Regional Trial Court (RTC) of Cagayan de Oro a case[4] for Annulment of Mortgage, Foreclosure, and Special Power of Attorney...