AgencyDPFebruary32014

Rtccomplaintwasdismissedforlackofmerit

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Unformatted text preview: d mortgage, the Philippine National Bank, on the said date of July 15, 1922, cancelled the mortgages constituted on lots Nos. 61, 207 and 878 described in Torrens titles Nos. 2216, 1148 and 2415, respectively. ∙ On November 25, 1925, Amparo A. Garrucho (the sister) sold lot No. 878 described in certificate of title No. 2415, to Paz Agudelo y Gonzaga (the defendant) ∙ On January 15, 1926, in the City of Manila, Paz Agudelo y Gonzaga signed the affidavit, Exhibit N, which reads as follows: o “...further agree to the amount of the lien thereon stated in the mortgage deed executed by Miss Amparo A. Garrucho in favor of the Philippine National Bank.” TC: CFI absolved the defendant Mauro A. Garrucho from the complaint and ordered the defendant Paz Agudelo y Gonzaga to pay to the plaintiff the sum of P31,091.55, Philippine currency, together with the interest on the balance of P20,774.73 at 8 per cent per annum of P4.55 daily from July 16, 1929, until fully paid, plus the sum of P1,500 as attorney's fees, and the costs of this suit. ISSUE: WON Paz Agudelo y Gonzaga is liable for the payment of the loans obtained by Mauro A. Garrucho from PNB for the security of which he constituted a mortgage on the aforesaid real estate belonging to the former. SC/HELD: No, she is not liable. ∙ There is nothing in the said mortgage deeds to show that Mauro A. Garrucho is attorney in fact of Amparo A. Garrucho and of Paz Agudelo y Gonzaga, and that he obtained the loans mentioned in the aforesaid mortgage deeds and constituted said mortgages as security for the payment of said loans, for the account and at the request of said Amparo A. Garrucho and Paz Agudelo y Gonzaga. ∙ From the titles as well as from the signatures therein, Mauro A. Garrucho, appears to have acted in his personal capacity. In the aforesaid mortgage deeds, Mauro A. Garrucho, in his capacity as mortgage debtor, appointed the mortgage creditor Philippine National Bank as his attorney in fact so that it might take actual and full possession of the mortgaged properties by means of force in case of violation of any...
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