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Dimasacat Vs CA

The document summarizes a legal case from 1969 regarding the foreclosure and sale of land. Rafael Lagdameo took out a loan using his land as collateral but was unable to repay it. The bank foreclosed and sold the whole property. Pedro Dimasacat and Ernesto Robles, who had previously purchased partial interests in the land, sought to purchase the entire property but were denied. The court ultimately ruled that while Dimasacat and Robles could redeem the portions they had bought, they did not have the right to purchase the entire property, only their specific portions. Lagdameo was allowed to purchase the remaining land.

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Nissi Jonna
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89 views1 page

Dimasacat Vs CA

The document summarizes a legal case from 1969 regarding the foreclosure and sale of land. Rafael Lagdameo took out a loan using his land as collateral but was unable to repay it. The bank foreclosed and sold the whole property. Pedro Dimasacat and Ernesto Robles, who had previously purchased partial interests in the land, sought to purchase the entire property but were denied. The court ultimately ruled that while Dimasacat and Robles could redeem the portions they had bought, they did not have the right to purchase the entire property, only their specific portions. Lagdameo was allowed to purchase the remaining land.

Uploaded by

Nissi Jonna
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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G.R. No.

L-26575 February 27, 1969

PEDRO DIMASACAT and ERNESTO ROBLES petitioners,


vs.
THE COURT OF APPEALS, PHILIPPINE NATIONAL BANK and RAFAEL O. LAGDAMEO, respondents.

FACTS : On June 24, 1946 Rafael Lagdameo, owner of parcels of land with the area of 7,236sqm located
in Tagkawayan, Quezon file for a loan for the some of Php 3,500.00 with PNB. He mortgage his land
authorizing PNB to enter into extrajudicial foreclosure should he failed to pay his obligation which
reflected in the TCT and it was notarized. But on September 12, 1947 Lagdameo sold 260sqm of his land
to Ernesto Robles for Php 1,040.00 and March 6, 1948 he sold 381.44sqm to Pedro Dimasacat for
1,040.00. Unfortunately the transaction was not properly documented / registered as required.

With no payment made for the loan he had with the bank, PNB executed a extrajudicial mortgage on
April 1, 1955 and the Provincial Sheriff perform the public auction after a year as per the statutory
redemption of the property to act in favor of the bank and prepared a new TCT due to such action.

The petitioner asked Lagdameo to repurchase his land from the bank to protect the property they
purchase from him but with no cash available he cannot make the necessary action. Both Dimasacat
and Robles offered to repurchase the land from the bank but PNB rejected the offer. They filed a case
against Lagdameo and PNB to request to repurchase the whole land with corresponding interest as they
proposed.

ISSUE: Whether or not the petitioners are eligible to repurchase the whole land instead only part of it
from what they previously purchased with the owner.

HELD : Around July 22, 1962 Lagdameo was able to repurchase his land from PNB for the amount of Php
7,044.74 and was subject to conditions. The states that inasmuch even if the petitioner was able to
redeem the whole property that it had exceeded the area that the owner previously sold to them,
Lagdameo will have the opportunity to purchase the exceeded areas of the land. They are only entitled
to the number of areas originally sold to them by Lagdameo.

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