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June 1, 2022

Supreme Court Decisions


What is the effect if the certificate of sale issued by the sheriff after an extrajudicial sale was not registered with the Registry of Deeds?


 

The registration of the certificate of sale issued by the sheriff after an extrajudicial sale is a mandatory requirement; thus, if the certificate of sale is not registered with the Registry of Deeds, the property sold at auction is not conveyed to the new owner and the period of redemption does not begin to run.

 

Property Holdings Inc., vs. Phhilippine Bank of Communications, G.R. No. 202836, June 19, 2018, [866 SCRA 438]

 

 

 

 


When can a mortgagor lose his or her interest over the foreclosed property?


 

The rule is settled that the mortgagor loses all interests over the foreclosed property after the expiration of the redemption period and the purchaser becomes the absolute owner of the foreclosed property when no redemption is made and as result, he is entitled to possession.

 

Dela Tore vs. Primetown Property Group, Inc., G.R. No. 221932, February 14, 2018, [855 SCRA 494]

 

 

 

 

 


Give an instance where a conjugal partnership is dissolved.


 

Upon the death of either spouse, the conjugal partnership is dissolved. The surviving spouse is entitled to his or her half share in the partnership, while the remaining half belongs to the estate of the deceased which will be inherited by his forced heirs.

 

Heirs of Roger Jarque vs. Jarque, G.R. No. 196733, November 21, 2018, [886 SCRA 269]

 

 

 

 

 


What is an action for reconveyance?


 

By definition, an action for reconveyance is a legal and equitable remedy granted to the rightful landowner, whose land was wrongfully or erroneously registered in the name of another, to compel the registered owner to transfer or reconvey the land to him.

 

Heirs of Tomas Arao vs. Heirs of Pedro Eclipse, G.R. No. 211425, November 19, 2018, [886 SCRA 30]

 

 

 

 

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