Mallorca v. Development Bank

G.R. No. L-26852 · 1970-03-25 · J. REYES, J.B.L., J.: · Primary: Civil; Secondary: Remedial
REITERATION

Facts

The Antecedents: Plaintiffs-appellees, heirs of the original registered owners of a 6/8 portion of cadastral lot No. 2199, sought the annulment of a deed of sale and a subsequent mortgage executed in favor of Alfredo Deocampo and the Development Bank of the Philippines (DBP), respectively. The original owners of the 6/8 portion, Paulo, Maria, and Ciriaca Mallorca, had died before August 15, 1955. On this date, impostors, posing as the deceased owners, executed a deed of sale of the 6/8 portion to Alfredo Deocampo. Subsequently, Deocampo acquired the remaining 2/8 portion from the surviving co-owners, Juan and Sofronio Mallorca, consolidating ownership of the entire lot. Deocampo then mortgaged the lot to DBP on August 1, 1957, to secure a loan. Deocampo defaulted, leading to the foreclosure of the mortgage, with DBP emerging as the highest bidder. DBP's appraiser had inspected the property and found Deocampo in possession. Procedural History: The Court of First Instance of Iloilo declared the mortgage and foreclosure sale to DBP null and void, ordering the issuance of a new title reflecting the original co-owners' heirs for the 6/8 portion and DBP for the remaining 2/8 portion. The trial court annulled the sale by the impostors to Deocampo and the subsequent mortgage and foreclosure sale to DBP, but reserved DBP's right to sue Deocampo. The Petition: DBP appealed the decision, raising the sole issue of whether it was an innocent mortgagee for value.

Issue(s)

Whether the Development Bank of the Philippines is an innocent mortgagee for value. Whether the mortgage and foreclosure sale in favor of the Development Bank of the Philippines are valid despite the forged deed of sale in favor of the mortgagor.

Ruling

The appealed decision was modified and reversed. The mortgage and foreclosure sale of Lot 2199 in favor of the Development Bank of the Philippines were declared valid. All inconsistent terms and orders in the dispositive portion of the appealed decision were set aside.

Ratio Decidendi

On the issue of whether the Development Bank of the Philippines is an innocent mortgagee for value: The Supreme Court held that the DBP is an innocent mortgagee for value. At the time of the mortgage, the Torrens title covering the lot stood in the name of the mortgagor, Deocampo, and there was nothing on the face of the title to indicate any defect or infirmity. The bank relied on the certificate of title itself and there was no evidence that it was aware of any defect in Deocampo's title or that he acquired the lot through a forged deed of sale. Therefore, the bank accepted the mortgage in good faith. The Court reiterated the doctrine that as registered land, the bank was not bound to go behind the certificate to look for flaws in the mortgagor's title, applying the principle of innocent purchaser for value to an innocent mortgagee for value. The Court emphasized that even if Deocampo's title was null and void as against the original owners due to the forged deed, this did not automatically render the bank's mortgage rights null and void, as a forged deed can be the root of a valid title when an innocent purchaser for value intervenes. On the validity of the mortgage and foreclosure sale: The Court distinguished the present case from De Lara, et al. vs. Ayroso, where the certificate of title remained in the custody of the real owner and was stolen. In this case, the mortgagor, Deocampo, was the title holder, and the bank did not deal with an impostor impersonating Deocampo. Furthermore, the Court noted the negligence of the original registered owners in leaving the duplicate of their title with the Register of Deeds, which facilitated the work of the impostors. Citing Blondeau vs. Nano, the Court applied the maxim that when one of two innocent persons must suffer by the wrongful act of a third person, the loss falls on him who put it into the power of the third person to perpetrate the wrong. Thus, even if Deocampo acted in bad faith, the bank's good faith and lack of negligence protected it against the claims of the original owners and their successors in interest.

Main Doctrine

The Development Bank of the Philippines, as an innocent mortgagee for value, is protected by its good faith and lack of negligence, even if the mortgagor's title was derived from a forged deed of sale, especially when the original owners' negligence facilitated the forgery.

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