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June 1, 2022

Supreme Court Decisions


Can the sale of a mortgaged property release the mortgage?


 

The sale or transfer of the mortgaged property cannot affect or release the mortgage; thus, the purchaser or transferee is necessarily bound to acknowledge and respect the encumbrance.

 

Heirs of Josefina Gabriel vs. Cebrero, G.R. No. 222737, November 12, 2018, [885 SCRA 271]

 

 

 

 

 

 

 


What is the best proof of ownership of the land?


 

It has been held in the past that the best proof of the ownership of the land is the certificate of title and it requires more than a bare allegation to defeat the face value of a certificate of title which enjoys a legal presumption of regularity of issuance.

 

Cruz vs. Heirs of Alejandro So Hiong, G.R. No. 228641, November 05, 2018, [884 SCRA 147]

 

 

 

 

 


What must an agent possess if he intends to borrow money in his principal’s behalf?


 

An agent must possess a special power of attorney if he intends to borrow money in his principal’s behalf, to bind him as a guarantor or surety, or to create or convey real rights over immovable property, including real estate mortgages.

 

Philippine International Trading Corporation vs. Threshold Pacific Corporation, G.R. No. 209119, October 03, 2018 [881 SCRA 609]

 

 

 

 


Are employers responsible for the negligence of their employees?


 

For employers, they are deemed liable or morally responsible for the fault or negligence of their employees but only if the employees are acting within the scope of their assigned tasks.

 

Imperial vs.Heirs of Neil Bayaban and Mary Lou Bayaban, G.R. No. 197626, October 03, 2018, [881 SCRA 383]

 

 

 

 

 

 

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