624 Phil. 700 FIRST DIVISION [ G.R. No. 157659, January 25, 2010 ] ELIGIO P. MALLARI, PETITIONER, VS. GOVERNMENT SERVICE INSURANCE SYSTEM AND THE PROVINCIAL SHERIFF OF PAMPANGA, RESPONDENTS. D E C I S I O N BERSAMIN, J.:By petition for review on certiorari, the petitioner appeals the decision promulgated on March 17, 2003, whereby the Court of Appeals (CA) dismissed his petition for certiorari. AntecedentsIn 1968, the petitioner obtained two loans totaling P34,000.00 from respondent Government Service Insurance System (GSIS). To secure the performance of his obligations, he mortgaged two parcels of land registered under his and his wife Marcelina Mallari's names. However, he paid GSIS about ten years aftercontracting the obligations only P10,000.00 on May 22, 1978 and P20,000.00 on August 11, 1978.What followed thereafter was the series of inordinate moves of the petitioner to delay the efforts of GSIS to recover on the debt, and to have the unhampered possession of the foreclosed property. After reminding the petitioner of his unpaid obligation on May 2, 1979, GSIS sent on November 2, 1981 a telegraphic demand to him to update his account. On November 10, 1981, he requested a final accounting, but did not do anything more. Nearly three years later, on March 21, 1984, GSIS applied for the extrajudicial foreclosure of the mortgage by reason of his failure to settle his account. On November 22, 1984, he requested an updated computation of his outstanding account. On November 29, 1984, he persuaded the sheriff to hold the publication of the foreclosure notice in abeyance, to await action on his pending request for final accounting (that is, taking his payments of P30,000.00 made in 1978 into account). On December 13, 1984, GSIS responded to his request and rendered a detailed explanation of the account. On May 30, 1985, it sent another updated statement of account. On July 21, 1986, it finally commenced extrajudicial foreclosure proceedings against him because he had meanwhile made no further payments. On August 22, 1986, the petitioner sued GSIS and the Provincial Sheriff of Pampanga in the Regional Trial Court (RTC), Branch 44, in San Fernando, Pampanga, docketed as Civil Case No. 7802,ostensibly to enjoin them from proceeding against him for injunction (with an application for preliminary injunction). The RTC ultimately decided Civil Case No. 7802 in his favor, nullifying the extrajudicial foreclosure and auction sale; cancelling Transfer Certificate of Title
(TCT) No. 284272-R and TCT No. 284273-R already issued in the name of GSIS; and reinstating TCT No. 61171-R and TCT No. 54835-R in his and his wife's names.GSIS appealed the adverse decision to the CA, which reversed the RTC on March 27, 1996.The petitioner elevated the CA decision to this Court viapetition for review on certiorari (G.R. No. 124468).On September 16, 1996, this Court denied his petition for review.