FORECLOSURE
Process by which a mortgagee acquires an absolute title to the, property of which
he had previously been the conditional owner, or upon which he had previously a
mere lien or encumbrance.
ENCUMBERANCES
Burden upon land, depreciative of its value, such as lien, easement, or
servitude, which though adverse to the interest of the landowner, doesn't
conflict with his conveyance of the land in fee
LIEN
Charge on the property Qualified right or a proprietary interest which may be
exercised over the property of another
MEMORANDUM OF ENCUMBERANCES
 Dorsal side of the certificate of title
 All interests in the registered land less than ownership which shall serve as
a notice to third persons of the instrument affecting the property A similar
entry shall be made on the owner’s duplicate certificate of title.
PRIMARY ENTRY BOOK OR DAY BOOK
The primary entry book or day book is a record of all instruments, including copies
of writs and processes, affecting registered lands, which are entered by the RD in
the order of their filing, upon payment of the proper fees, The recording is a
preliminary process in registration and shall, note the date, hour, and minute of
receipt of said instruments, An instrument shall be regarded as registered only
from the time, it is noted, Every deed of instrument shall be numbered and
endorsed by the, RD with proper reference to the certificate of title, All records
and papers relative to registered land shall be open for examination by the public,
subject to such reasonable regulations as the RD may prescribe All deeds and
voluntary instruments and copies thereof shall be
REMEMBER THE GENERAL RULE THAT THE PURCHASER NEED NOT GO BEYOND
THE REGISTRY TO DETERMINE CONDITIONS OF PROPERTY
SUPERIOR LIEN IN FAVOR OF GOVERNMENT COMPLEMENTARY TO THE DISTRAINT
OF PERSONAL PROPERTY AND INTEREST AND RIGHTS THEREIN AND JUDICIAL
ACTION
We will have problems in action re-conveyance and quieting of the title (No
recording) ? It’s in the book.
CONVEYANCES AND TRANSFERS
Section 57. Procedure in registration of conveyances. An owner
desiring to convey his registered land in fee simple shall execute
and register a deed of conveyance in a form sufficient in law. The
Register of Deeds shall thereafter make out in the registration book
a new certificate of title to the grantee and shall prepare and
deliver to him an owner's duplicate certificate. The Register of
Deeds shall note upon the original and duplicate certificate the date
of transfer, the volume and page of the registration book in which
the new certificate is registered and a reference by number to the
last preceding certificate. The original and the owner's duplicate of
the grantor's certificate shall be stamped "canceled". The deed of
conveyance shall be filled and indorsed with the number and the
place of registration of the certificate of title of the land conveyed.
PROCEDURE IN REGISTERING A DEED OF CONVEYANCE
An owner who desires to convey the land covered by his title to another shall
execute the proper deed of conveyance, in proper form, and present the same,
together with the owner’s duplicate certificate to the RD from entry and
registration The RD shall enter in the registration book the fact of conveyance and
prepare a new certificate of title in the name of the grantee, the owner’s duplicate
of which shall be delivered to him The RD shall note the date of conveyance,
volume and page of the registration book in which the certificate is registered, and
a reference by number to the last preceding certificates
PROCEDURE WHERE ONLY PORTIONS OF LAND ARE CONVEYED
The RD shall not issue any TCT to the grantee until a plan of such land showing
the portion or portions into which it has been subdivided and the corresponding
technical descriptions shall have been verified and approved The deed of
conveyance may in the meanwhile be annotated by way of memorandum on the
grantor’s certificate of title, which shall serve as notice to third persons on the fact
of conveyance— to show and recognize the grantee’s title to the portion thus
conveyed pending actual issuance to him of the corresponding transfer certificate
of title
Upon approval of the plan and technical descriptions of the specific portions into
which the land has been subdivided, the same shall be filed with the office of
the RD for annotation on the corresponding certificate of title The RD shall
issue a new TCT to the grantee for the portion conveyed to him upon cancellation
of the grantor’s certificate as to said portion But if the grantor so desires, his
certificate of title may be totally cancelled and a new one issued to him for the
remaining portion of the land Pending approval of the plan, no further registration
or any annotation of any deed or voluntary instrument affecting the
unsegregated portion shall be made by the RD except where such portion was
purchased from the government or any of its instrumentalities.
Section 63.
Foreclosure of Mortgage. (a) If the
mortgage was foreclosed judicially, a certified copy of the final
order of the court If no right of redemption exists, the certificate
of title of the mortgagor shall be canceled, and a new certificate
issued in the name of the purchaser. Where the right of
redemption exists, the certificate of title of the mortgagor shall
not be canceled, but the certificate of sale and the
order confirming the sale shall be registered by a brief
memorandum thereof made by the Register of Deeds upon the
certificate of title. In the event the property is redeemed, the
certificate or deed of redemption shall be filed with the Register
of Deeds, and a brief memorandum thereof shall be made by
the Register of Deeds on the certificate of title of the mortgagor.
If the property is not redeemed, the final deed of sale executed
by the sheriff in favor of the purchaser at a foreclosure sale
shall be registered with the Register of Deeds; whereupon the
title of the mortgagor shall be canceled, and a new certificate
issued in the name of the purchaser.
(b) If the mortgage was foreclosed extrajudicially, a certificate
of sale executed by the officer who conducted the sale shall be
filed with the Register of Deeds who shall make a brief
memorandum thereof on the certificate of title.
In the event of redemption by the mortgagor, the same rule
provided for in the second paragraph of this section shall apply.
In case of non-redemption, the purchaser at foreclosure sale
shall
file with the Register of Deeds, either a final deed of sale
executed by the person authorized
by virtue embodied in the deed of mortgage, attesting to the
fact of non-redemption; whereupon, the Register of Deeds shall
issue a new certificate in favor of the purchaser after
the owner's duplicate of the certificate has been previously
delivered and canceled.
The lecture in the registration is the operative act? In relation to primary
entry and annotation and recording the MOE of the title.
OCT 21, 2017
So this afternoon we take up an important subject matter in land titles, take note
of this. The basic principle in land registration is “Registration is the operative act”
. We will explain the meaning of the phrase, you already know that priority in
rights over registered land is the registration of the title, or transactions pertaining
in the hands of the registry of deeds. For example there is an owner of the land a
titled property he sold his land twice or even thrice and the buyers are not so
knowledgeable, he then executed 3 deeds of absolute sale in favor of 3 buyers not
on the same dates, different dates not on the same time, that could happened and
there are a lot of cases like that, the owners duplicate title was not delivered to
the 1st buyer and 2nd buyer it was delivered to the 3rd buyer, assuming that the 1st
buyer in the absolute sale brought the land on Jan 2017 . on February same year
2017 the seller sold it to the 2nd buyer and executed another deed of sale same
land the owners duplicate copy was not delivered, on the 3 rd march 2017 he
executed another deed of absolute sale this time he delivered the owners duplicate
copy to the third buyer. The 2nd buyer as well as the 3rd buyer was not aware that
there was a previous deed of sale to a first buyer so the third buyer “kasi nasa
kanya ang owners duplicate copy, this requires payment of taxes” he registered it
to the registry of deeds the deed of absolute sale and everything there. Title was
issued to him.
Now question did the third buyer validly acquire a title over the land ?
YES! Because of the Doctrine of “Registration is the Operative Act”. The 1 st and 2nd
buyer brought the property however they failed to register it. So the first to
register has the valid title.
What then is the recourse of the 1st and 2nd buyer?
Now because the 3rd buyer has a valid title, the 1st and 2nd buyer cannot pray for
annulment of the sale the course of action is they will go against the owner of the
land for reimbursement and damages. Although they were the 1 st to acquire the
land they did not register it they could not recover it.
Why? The 3rd he did not know that it was sold to several persons prior to him, his
a buyer in good faith he did not know about the Flaw and he acquire it for a fair
value (Buyer in good faith and for fair value)
now what if the 3rd is the buyer is a buyer in Bad faith, for example he was aware
that it was sold to other before him? Yet he pursue buying it. Tho he paid it for a
value still he is consider a buyer in bad faith. So what is the effect?
He has a “a bad title” – did not confer any right over the property. Since the title
did not confer any right to him what is the effect? Although the land is already
register in his name what is the effect? If the 1 st buyer will file a case against him
for recovery of the property on the ground that he is a buyer in bad faith the case
will prosper the property can be recover. Because of knowledge about the flaws of
the sale when you brought the property it cannot be cured by registering the title,
it can be recover from you by the real owner which is the 1 st buyer. What is the
reason? The reason which is the wording of the SC “Registration cannot be
used as a shield to cover fraudulent acts” you cannot use the torrens system
from concealing your fraudulent act.
Another, when you are consider in bad faith because of your actual knowledge of
the flaw, another principle will apply. another principle that is involve there is the
effect of that. TAKE NOTE OF THIS. From the time the third buyer learned of the
fact that the lot he brought was already brought by the 1st buyer although the 1st
buyer did not register his title with the RD the knowledge or acquisition of the 3 rd
buyer of the fact that the 1st buyer had already brought it. Theoretically under the
law the act is tantamount to registration of title the 1st buyer. The effect would be
like the 1st buyer had already registered it, when the 3rd buyer already register it
under his name. The law considers that the knowledge of the third buyer and
upon his registration is considered registration on the part of the 1 st buyer.
Constructive knowledge of the Flaw is tantamount to registration of the title of the
buyer who brought it in good faith, pero If his knowledge is after the registration
he is consider in good faith because he registered it in good faith before he
acquired the knowledge of ithe flaw.
There is such thing as constructive registration.
The other kind of knowledge is the actual knowledge of the records of the registry
of deeds. Once it recorded to the RD that serves as a notice to the whole world, so
when you know it or not that is consider binding upon you.
Q from the class: What if the buyer know of the flaw he already paid everything
when he went to the RD he acquired the of the knowledge of the Flaw.
Answer: if he can prove that he can acquired knowledge after he brought the
land, because the torrens system will operate on the 1st buyer. Registration is the
operative act because, because the law in torrens system is base on public policy.
There are many cases like that but it’s hard to prove such thing.
So you know already the principle that the Torrens system cannot be used a shield
to cover a fraud.
There is cases the laureta Case.
This is a case of Coronel Laureta vs Erwin Caram , Caram a very prominent
person. After the war he brought property here in Tagum that land in Gaisano is
one. Laureta brought it from a native he did not register it but he was in
possession of the land already. Caram was already aware that the properties were
already brought by Laureta this is according to the facts by the SC. He brought the
land to the same buyer despite the fact. When laureta brought it he did not
acquire the title because it was still a homestead meaning hindi pa naka abot sa
DENR. When the title came the name of the native seller was in the title, he sold it
to Caram. Caram registered the title to the RD, when Laureta Brought the land it
was still unregistered. So Laureta filed an action to court to annul and cancel the
title of Caram. That is the leading case on the principle of constructive knowledge,
Contructive knowledge on the part of Caram theortically the knowledge of Caram
about the Fact of the sale of land amount s of the registration as if it was already
in the name of Laureta. Laureta Won.
READ: LAURETA VS CARAM (Constructive Registration) by fiction law there was
already registration of the 1st buyer then the 2nd buyer registered the land.
Now you have time visit the RD they have this library where the government copy
of the title, deed of sale extrajudicial sale or etc.
(confusing ang lecture dito ni dean)
The first one who wrote in the primary entry book of the RD will be assume to be
the 1st to register. Assuming everybody is in good faith. So know the 1 st buyer
registered it, the rule is there is a priory right that is the function of the primary
entry book (PEB), the entry in the primary entry book will determine who has the
1st in right, from the PEB it will be examine by the examiner then if ok will be
annotated in the Memorandum of encumbrance af the government copy that is the
back of the title with date. So 2 primary entry book MOE, it is a need that it wount
stop in PEB it should be “sangko” in the MOE, if ever there is error na una sa PEB
pero nag “sangol-sangol” ang papers then naulahi sa sa annotation ng tatak. How
will the the transaction be? What will would prevail the annotation in the MOE or
the PEB?
The rule is basta mu abot sya sa MOE it is deemed registered or complete. Basta
hindi sya mag SANKO it is not register.
The one who went to the MOE is registered. What if nahuli sa MOE but na una sa
PEB. The ruling of the court is basta mag abot lang sya MOE likod sa titulo basta
na una sya sa PEB. It retroacts back to the primary entry. As long as the
transaction reach the memorandum of encumbrance at the back of the
government copy the date of registration so far as the law is concern dates back
from the date of PEB. Later on it has to be annotated in MOE, because the one
who 1st annotated the MOE is the one who is deemed registered. (IMPORTANT)
There are so many cases on that and that is the doctrine.
IN Cunslta
(assurance Fund)
There are instances where errors are committed by the RD and the error resulted
from damage from the registered owner, RD Represent the government. Example
There is a land owner who suffered damages from the negligence of the RD can he
be paid damages? Remember that the employees of national government, the
owner can file an action that he will be paid he can file a claim on the assurance
fund. The fund is intended to answer for damages that owners of property has
suffered by reason of operation of Torrens system, mostly the cases are
negligence or fault of government functionality, he will file a claim on the
assurance fund. But mind you in reality,, there is no records of the assurance
fund. But in the law there is , you 1st have to file your Claim SG that will determine
if your claim is valid or not , assuming that you succeeded you file your Claim AF
in court with the consent of SG because it is tantamount to a suit against the
government that is why consent is need. It is the SG that will give the consent.
The act of registration shall be the operative act to convey or affect the land
insofar as third persons are concerned It is the act of registration which creates a
constructive notice to the whole world and binds third persons Absent such
registration, a conveyance doesn’t affect or bind the land the purchaser has
examined every instrument of record affecting the title He is charged with notice
of every fact shown by the record and is presumed to know every fact shown
by the record and is presumed to know every fact which an examination of the
record would have disclosed Since it is the act of registration which transfers
ownership of the land sold, it has been held that a subsequent claimant cannot
claim a better right over the land which had been previously registered in the
name of another. A notice of lis pendens serves as a warniong to a prospective
purchaser or encumbrancer that the particular property is in litigation and that he
should keep his hands off the same, unless he intends to gamble on the results of
the litigation
PURCHASER IS NOT REQUIRED TO EXPLORE FURTHER THAN WHAT TITLE
INDICATES FOR HIDDEN DEFECTS
When there is nothing in the certificate of title to indicate any cloud or vice
in the ownership of the property, or any encumbrance thereon, the
purchaser is not required to explore farther than what the Torrens title
upon its face indicates in quest for any hidden defect or inchoate right that
may subsequently defeat his right thereto
Remember though that a Torrens title doesn’t create or vest title. It only
confirms and records title already existing and vested
BUT A PURCHASER WHO HAS KNOWLEDGE OF DEFECT OF HIS VENDOR’S TITLE
CANNOT CLAIM GOOD FAITH.
A purchaser cannot close his eyes to facts which should put a reasonable
man upon his guard, and then claim that he acted in good faith under the
belief that there was no defect in the title of the vendor
His mere refusal to believe that such defect exists or his willful closing of
his eyes to the possibility of the existence of a defect in the vendor’s title,
will not make him an innocent purchaser for value, if it afterwards
develops that the title was in fact defective, and it appears that he had no
such notice of the defect as would have led to its discovery had he acted
with that measure of precaution which may reasonably be required of a
prudent man in a like situation
Then judicial and extrajudicial foreclosure of mortgage.
Extrajudicial and judicial foreclosure
Extra- judicial- no case file, registers the real estate mortgage to the RD, when the
obligation is already due and demandable and the mortgagor has not paid the
obligation there is a letter of demand and the loan obligation has matured
pursuant to the provision of the real estate mortgage there is a special power of
Attorney where in the owner of the land the mortgagor appoint the mortgagee to
cause the extrajudicial foreclosure of the mortgage. Assuming that the bank is the
where you mortgage your property, So the bank has the choice to avail the
remedy of Extra-Judicial Foreclosure, they just have to go to court and file a for
extrajudicial foreclosure, it will apply, it is just a mere letter in the RTC clerk of
court, the cleark f court is automatically the sheriff, they are lawyers. Try to visit
the RTC you will see offices labeled: office of the Clerk of court. That is where you
file extrajudicial foreclosure. You have to register it to the RD to foreclose it. Under
the to Torrens system. It has to be annotated in the MOE.
There is such thing as 1st mortgage and 2nd mortgage although seldom lang
nangyayari yan, let say the property is a commercial lot with 1000 sq with 10
stories building located at Davao City dyan sa downtown and it is valuated 500
million assuming kung ang loan nya is 20 million tapos e mortgage sya the
encumbrance is worth 20 million then a year later the owner mortgage the same
property to another say PNB it depends on the discretion of the bank whether the
bank want to accept the mortgage. So the 1st mortgage will reflect the MOE so as
2nd mortgage all the mortgage will reflect the MOE . input na natin to
This came out twice already in the Bar Exam.
We have this thing called “DRAG NET CLAUSE” In the contract of mortgage, in
the previous bar exam this may come out in civil law, commercial law or land title
and deeds. So take note of this, open your minds to this you will take this up when
you reach mercantile law or special contract.
What is the nature of this drag net clause? This is of American origin. What is the
picture of this? I am a good client of a bank, the bank they have this employees
that canvass depositor, actually the essence of banking they collect money from
depositor and which they gave out as loan to the public.
EXAMPLE:
MR. Robinos LYR, he has many property of course it will be known to the bank he
is a depositor, and then he creates a credit line “like” to the bank. He then say
pautangin mo ako mo ako ng 1b my property is 2b , kasi ipapautang nya din pero
yung 1b hindi nya yan kukunin lahat siguro every month he withdraw around 50
million from the 1 b he intends to borrow. this is where the drag net clause will
apply, they will make a contract with a bank that consist of a drag net clause, then
he will submit a title that he mortgage it, with a value of say 2billions then kukuha
sya from that mortgage an amount 10 million on staggered basis or whenever he
wants, it would just be noted or listed. Now the Real estate mortgage it is not
registered, although he has a contract that has open application of such. It is not
registered because it will be expensive, 2 nd to avoid inconvenience, because of the
long process of engaging to mortgage, the effect of this clause is if hindi na maka
bayad dun na sya e foreclose or register. Pero he already sign an internal
agreement.
DRAG NET CLAUSE- it is a business practice, usually between banks and
their borrowers, where in the borrower signs in blank a real estate
mortgage contract of his properties as collateral as security for loans
which are not totally withdrawn upon signing on staggered basis and the
real estate mortgage is not registered in the RD meantime to avoid
payment of registration fees and the inconvenience of preparing so many
mortgage contract.
Will continue on extrajudicial foreclosure; remember that you cannot foreclose the
mortgage if it is not register in the registry of deeds. So it will be annotated in the
government copy as well as you ODC memorandum of encumbrance, you pay
there then , the sheriff will schedule a public sale it will be sold in a public auction,
there are procedure that strictly needs to be followed pero there must be notice by
publication in Newspaper of general circulation in the province or city where the
property is located not only that the sheriff if required to post a notice in the
court’s building or bulletin board of the court and the bulletin board of RD and
Municipal building if this requirement is not followed any aggrieved party can file a
petition in court to declared the foreclosure land null, because this part of due
process, many petitions in court was annulled because of lack of publication. What
is the purpose there, the general public should be notified that this property
should be sold. to the highest bidder. What is the purpose of the law why it should
be sold to the highest bidder and not the lowest bidder? Why? To protect the
debtor that his property will be able to satisfy this obligation aron ma deduct iyang
utang naa pay mabalik sa iya sobra. Because kung lowest lay luoy the creditor will
always be in bad terms you know the law is fair, humane and just it protects the
debtor that he will not be taken advantage by the creditor this is the humane side
of the law that is why there is anti-usury law, to protect because if there is a need
to protect this people it must be it the debtor because he will be the one who will
cost the property, that is why there is this schedule the sale is important so the
whole world will be notified to acquire the property then pataasan ng bid, that is
where due process is required through notice. There is now an action sale
assuming maraming nag bid the highest bidder will win, the sheriff will declared
the highest bidder, what will the sheriff do they will prepared the certificate of
sale. This time the sheriff will be the one to sign the certificate of sale in favor of
the highest bidder. In real estate mortgage there is this attached a special power
of attorney authorizing the mortgagee to cost the foreclosure, there is now a
certificate of sale in favor of the highest bidder with the registry of deed and shall
be annotate in the MOE in the governments copy and ODC sold na sya, but then
under the mortgage law one yr from the registration it is a mandatory in favor of
the mortgagor that the latter will have the right of redemption within one yr form
registration of the highest bidder . That is the right of redemption, which is a right
under the law. So if you’re an owner of a property by means of public auction, you
are not yet an owner in fee simple title. Your ownership is inchoate because the
original owner has the right to exercise this Redemption, this being a right the
owner may transfer it to any person for consideration.
Q: after 1 yr na expire na sya?
A: pag nag expire na sya wala na talaga.
When the one year period has expired and the mortgagor failed to redeem the
property the buyer in auction sale will petition the RD to consolidate the property
in his name. what does consolidate mean, cancel na yung name ng pervious
owner and will be changed to the new owner that one who brought it on auction
sale, there are provision on Public land act if the property is homestead in addition
to the one year redemption period the mortgagor has another 1 yr under public
land act to redeem the property so favored yung original patentee, remember he
must be an original patentee meaning maging 2 yrs sya and not only that in the
case of government banks i dunno if its been amended parang may another 1 yr
pa syang redemption period, so I think the additional 1 yr is still there. Pero kng
private banks wala kang matakbohan nyan.
Q: usually kasi most buyer in PA are bankers?
A: in the auction if there is no buyer so the mortgagee is the buyer palitun na sya
withstand the utang minus expenses. But under the banking laws it will be register
in their name, but there is this law that banks cannot hold real property within 5
years they have to dispose it after 5 yrs because the private purpose why they are
established under the corporation code is not their porpose to acquire real
properties, because if there is no such provisions under the banking law ma ubus
lahat ng lupa, ang kanila na mang purpose if the purpose of funds and just to
engage in private business not in agriculture. That is why marunong may pera
saan sila ppumupnta dun sa banko na foreclose na land. Chances are hindi mataas
they are require to dispose it within 5 years, dun ka makaka bili ng lupa na mura.
The bank in actual practice they will circumvent the law, they don’t avail the
remedy of foreclosure ano ginagawa nila matured na ang gagawin nila they will
avail Dacion in Pago. Parang pinag bili ng may utang ang kanyang property sa
banko he cannot pay he will sell it to the bank with the provision to buy back the
property so the owner still remain the owner of the property.
Halimbawa na sold ang property it was sold in PA and the price is comparatively
low, let’s say the obligation is 1m but the property is sold 500,000 so lugi ang
bangko. This was foreclose extra-judicially, under the law the bank can file an
action for deficiency judgment.
Action for deficiency judgment is the case where the mortgagee files against the
mortgagor when there is a deficiency in the price of the land in the auction sale
and the obligation of the borrower has not been satisfied.
Judicial
Judicial through the court, the bank has a choice whether it avails judicial or
extrajudicial. Ang judiciacial naman may arise from bridge from loan agreement or
you fail to pay the obligation. The creditor can go to court to collect since there is
a mortgage . for example the loan collateral is a rice field may dryer may makina
now the borrower as if there is fraud so say there is a breach of contract even if
the obligation is not due and demandable and there is this breach then on that on
that fault alone on the debtor has the right now to go to court because of the
breach and the action now is judicial foreclosure of mortgage, there is factual
issue, is it true that borrower removed the machineries so the bank needs to go to
court, or there is a breach or failure to fulfill the obligation. That is why the bank
use judicial foreclosure as a remedy there is a case file to the court, there is a
complaint the borrower the debtor shall file differences to be determined by the
court. They will prove it there whether recession is proper , it is an ordinary case
the disadvantage is it could be appealed, unlike extrajudicial mablis basta
complete ang papers and publication. This is seldom use by bank, kasi masyadong
mahal. The judgment becomes final the mortgagee after the finality will file a
motion for reissuance for order of auction sale it will go to the same process of
extrajudicial e.g positing of notice then the sheriff will conduct the auction sale.
next there is an auction sale then the sheriff will make a report in the auction sale
,then the mortgagee will file a motion for approval of the auction sale, the judge
will issue an order for approval, wbakit e heararing pa kasi baka may protesta
yung nag participate nag reklamo sya or due process then the court will conduct
the hearing to hear the motion of approval of the sale, the court will then issue a
an order for the registration of the Certificate of sale now take note of this
According to jurisprudence for as long as the Certificate of sale is not yet register
in the RD even upon the hearing of motion of approval of auction sale, the
borrower if he wants to redeem the property he can still redeem until it is not
register, hangat hindi pa sya na register yan pwd ma nyang bayaran, pag na
register na he has 3 months to redeem the property. So anong difference nya sa
extrajudicial 1 yr from the registration nang redemption period sa judicial 90 days
another difference take note of this if there is a difference in the auction sale what
is require for the mortgagee is not an action for deficiency judgment but he will
file motion for deficiency judgment after the expiration of the period of
redemption. Bakit SA extrajudicial diffiency judgement talaga pero SA judicial
Motion nalang? Sinong magaling dyan?
A form the student: because the case is already filed.
DEAN: YES! Because there is already a case filed correct. Motion is only an
interlocutory. Motion is only an action if there is a case file.
Homework agad. Together with sample Petition for issuance of title.