Case on rent and mortgage.
Philippine
National Bank, Petitioner, vs.
Spouses Bernard and Cresencia Maranon, Respondents
G.R. No. 189316, July 01, 2013
Facts: The
case is a petition for review on certiorari under Rule 45 of the Rules of
Court. The antecedent events being the Spouses Maranon, owner of a piece of
real property, erected with a building occupied by various tenants. Said
subject property was among the properties mortgaged by spouses Montealegre to
PNB as a security for a loan. Spouses Montealegre, through a falsified Deed of
Sale, acquired title to the property and used the property’s title which was
purportedly registered in the name of Emelie Montealegre. However, due to
failure to pay the loan, said property was foreclosed by PNB, and upon auction,
was thereafter acquired by the same bank, PNB. Spouses Maranon filed before the
RTC a complaint for Annulment of Title, Reconveyance and Damages against spouses
Montealegre. Judgment of RTC was rendered in favour of spouses Maranon, and
also stipulated that the Real Estate Mortgage lien of PNB shall stay and be
respected. Such decision prompted PNB to also seek for entitlement to the
fruits of the property such as rentals paid by the tenants.
Issue: Whether or not is PNB entitled to fruits of
the disputed property.
Ruling: No.
Rent is a civil fruit that belongs to the owner of the property producing it by
right of accession. The rightful recipient of the disputed rent in this case
should be thus the owner of the lot at the time the rent accrued. It is beyond
question that spouses Maranon never lost ownership over the subject lot, and
that technically, there is no juridical tie created by a valid mortgage
contract that binds PNB to the subject lot because the mortgagors Montealegre
were not the true owners. PNB’s lien as a mortgagee in good faith pertains to
the subject lot alone and not on the erected building which was not foreclosed
and still remained to be a property of Maranon. Thus, PNB’s claim for the rents
paid by the tenants has no basis.
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