Posted on February 8, 2013 - Filed Under Judicial Notices | Comments Off
Republic of the Philippines
REGIONAL TRIAL COURT
FIRST JUDICIAL REGION
Urdaneta City, Pangasinan
DEVELOPMENT BANK OF THE PHILIPPINES,/Plaintiff,
- versus -
REGISTER OF DEEDS, LINGAYEN, PANGASINAN and BINALONAN VILLE HOMEOWNERS ASSOCIATION, INC.,/Defendants.
CIVIL CS. NO. U-9676
For: Reformation of Instrument, Cancellation of Annotation and Reconveyance
x – - – - – - – - – - – x
TO: BINALONAN VILLE HOMEOWNERS ASSOCIATION, INC.
Barangay Linmansangan, Binalonan, Pangasinan
WHEREAS, the herein plaintiff filed a complaint on January 17, 2011, herein quoted as follows:
Plaintiff, Development Bank of the Philippines, by undersigned counsel, and to this Honorable Court most respectfully states, THAT:
1. It is a government financial institution duly organized and existing pursuant to Executive Order No. 81, as amended, with principal office as Gil Puyat Avenue, Makati City, with Branch Office situated at DBP Dagupan City Branch, and represented by PLARIDEL A. CARREON, Acting Branch Head (pursuant to DBP Secretary’s Certificate dated 2 December 2010, a copy of which is hereto attached as Annex A) of legal age, Filipino, and with postal address at DBP Dagupan Branch, Dagupan City where he may be served with notices and other court process;
2. Defendant Register of Deeds of Lingayen, Pangasinan is government agency mandated by law to take custody and possession of titles to real properties; and recording and annotation of documents evidencing transactions involving titles to real properties, with principal office at Lingayen, Pangasinan, where it may be served withj summons, notices and other court process;
3. Defendant BINALONAN VILLE HOMEOWNERS ASOCIATION, INC (BVHAI) is a domestic corporation duly organized and existing under Philippine laws, with principal office at Barangay Linmansangan, Binalonan, Pangasinan, where it may be served with summons, notices and other court process;
4. Defendant BVHAI is the registered owner of a parcel of land situated in Barangay Linmansangan, Binalonan, Pangasinan under Title Transfer Certificate of Title No. 219438, subject matter of this case; a certified copy of the subject title is hereto attached as Annex B, and made an integral part hereof;
5. On 25 July 1997, the said title was one of the properties mortgaged by defendant BVHAI in favor of plaintiff DBP to secure its P10,000,000.00 loan from plaintiff intended to finance its project of site development and construction of housing units; and that a copy of the real estate mortgage dated 25 July 1997 is hereto attached as Annex C, and made an integral part hereof;
6. In late 1998, defendant BVHAI requested partial release of mortgage covering some of its properties mortgaged in favor of petitioner DBP, namely: TCT No. 219404, No. 219432, No. 219436, No. 219422, and No. 219439; and that a copy of the defendant BVHAI’s request is hereto attached as Annex D, and made an integral part hereof;
7. Plaintiff DBP approved the request of defendant BVHAI, and issued the Partial Cancellation of Mortgage dated 4 November 1998;
8. In executing the Partial Release of Mortgage, however, plaintiff inadvertently included in the list of properties being released from mortgage the subject property under title TCT No. 219438 instead of the property under title TCT No. 219439 which was the subject of the defendant BVHAI’s request; and that a copy of the erroneous Cancellation of Mortgage dated 04 November 1998 is hereto attached as Annex E, and made an integral part hereof;
9. Notwithstanding the error in the Release of Mortgage, the same was presented to defendant Register of Deeds of Lingayen who annotated the erroneous Release of Mortgage on the memorandum of Encumbrances of the subject property, as Entry No. 920268 dated 4 November 1998;
10. The account of the defendant BVHAI became delinquent, and in September 2002, knowing in good faith that the property under title TCT No. 219438 is still mortgaged in favor of plaintiff, the mortgage on the remaining titles (including the subject title TCT No. 219438) was foreclosed by plaintiff, with the plaintiff as highest bidder; and that a copy of the Certificate of Sale dated 10 September 2001 is hereto attached as Annex F, and made an integral part hereof;
11. Plaintiff DBP is the mortgage in good faith of the subject property, and is now the owner thereof by virtue of the foreclosure of the subject property where it was the highest bidder;
12. The plaintiff DBP inadvertently included the subject title in the properties requested by defendant BVHAI, even though the mortgage covering the subject title was still subsisting at the time of cancellation of mortgage;
13. The mortgage on the subject title TCT No. 219438 was eventually foreclosed, with plaintiff DBP being the highest bidder, however, the certificate of sale issued after the foreclosure could not be registered in the subject title because of the annotation of the erroneous Cancellation of Mortgage;
14. The ownership of the plaintiff over the subject property could not be fully perfected because the Certificate of Sale issued after the foreclosure could not be annotated in as much as the defendant Register of Deeds of Lingayen unjustly refuses to annotate the Certificate of Sale in view of the existence of the erroneous Cancellation of Mortgage Entry No. 920268 on the subject title;
15. The despite repeated demands and a formal petition filed by petitioner with defendant Register of Deeds, the latter unjustly refuses to annotate the partial Cancellation of Cancellation of Mortgage; and that a copy of the Request is hereto attached as Annex G, and made an integral part hereof;
16. Because of the existence of the erroneous Cancellation of Mortgage (Entry No. 920268), the Certificate of Sale could not be annotated, hence the one-year redemption period after foreclosure could not be fixed in favor of the mortgagor;
17. Plaintiff is the absolute owner of the subject property, however, because of the existence of the erroneous Cancellation of Mortgage, it appears that defendant BVHAI retained ownership thereof by virtue of the annotated, albeit erroneous, Cancellation of Mortgage;
18. The erroneous Cancellation of Mortgage (Entry No. 920268) annotated in the subject title should be amended and partially cancelled as to the subject title TCT No. 219438 in order for the plaintiff DBP to retain ownership of the subject property;
19. Plaintiff presently has custody of the original owner’s copy of the title to the subject which has a present assessed value of P240,000.00;
WHEREFORE, premises considered, it is respectfully prayed of this Honorable Court render judgment:
a. DECLARING the plaintiff DBP as true owner of the subject property under title TCT No. 219438;
b. ORDERING the Reformation of the erroneous Partial Cancellation of Mortgage dated 4 November 1998;
c. EXCLUDING the subject title TCT No. 219438 from those titles subject of the erroneous Partial Cancellation of Mortgage;
d. ORDERING the defendant Register of Deeds to amend and/or partially cancel entry No. 920268 appearing in the Memorandum of Encumbrances of TCT No. 219438; and
e. DIRECTING the defendant Register of Deeds to Annotate the Certificate of Sale in favor of plaintiff DBP in the Memorandum of Encumbrances of TCT No. 219438;
Plaintiff prays for such other remedies, just and equitable under the premises.
Cabanatuan City, for Urdaneta City, Pangasinan, 10 January 2011.
(SGD.) JOSE MANUEL J. CALDERON
Counsel for the Plaintiff DBP
Gabaldon St., Cabanatuan City
IBP Nueva Ecija Chapter
Roll No. 39026 March 1994
MCLE Compliance No. III-13834, April 2010
IBP OR No. 836074 Cab City 1-3-11
PTR No. 0221859 Cab City 1-3-11
Cell No. 09175834087
WHEREAS, on January 2, 2013, the Honorable Court, Branch 48, this jurisdiction issued an Order which reads as follows:
“Xxx xxx xxx xxxx
Considering that the defendant entity is an organization with principal office at Barangay Linmansangan, Binlonan, Pangasinan, the summons by publication is hereby ordered to b e effected in a local newspaper of general circulation in the province of Pangasinan.
Xxx xxx xxx xxx
NOW THEREFORE, you are hereby required to file within sixty (60) days from date of the last publication of this summons, with the Honorable Court, Branch 48, this jurisdiction your answer to the complaint file by plaintiff through its counsel, Atty. Napoleon B. Arenas, Jr., in the above-captioned case.
You are hereby required to serve a copy of your answer upon the plaintiff through its counsel at 3/F Arenas-Braganza Bldg., Corner Burgos and Bonifacio Sts., Dagupan City.
In the event that you fail to file your answer and /or responsive pleading within the aforementioned period of time, the Court shall proceed to render judgment granting the plaintiff such relief as its pleading may warrant, unless the court in its discretion requires the plaintiff to submit evidence.
WITNESS the Honorable GONZALO P. MARATA, Presiding Judge of the Regional Trial Court, Branch 48, Urdaneta City, this 29th day of January 2013.
(SGD.) ATTY. LEOPOLDO C. DE VERA, JR.
Branch Clerk of Court
Atty. Napoleon B. Arenas, Jr
3/F Arenas-Braganza Bldg., corner Burgos and Bonifacio Sts., Dagupan City
Atty. Jose Manuel J. Calderon
Gabaldon St., Cabanatuan City
Sunday Punch, Dagupan City
February 10, 2013