MANUEL D. MEDIDA, Deputy Sheriff of the Province of Cebu, CITY SAVINGS BANK (formerly Cebu City Savings and Loan Association, Inc.) and TEOTIMO ABELLANA, vs. COURT OF APPEALS and SPS. ANDRES DOLINO and PASCUALA DOLINO.
- G.R. Number: G.R. No. 98334
- Promulgated: 1992-05-08
- Ponente: Regalado, J.
Doctrine
An appellee who has not appealed cannot obtain from the appellate court affirmative relief beyond that granted below and cannot seek modification of a judgment not appealed from; he may only argue to sustain the judgment in his favor.
Redemption by a judgment or mortgage debtor restores the title freed of the encumbrance; it does not create a new title but eliminates the lien resulting from levy, attachment, judgment, or mortgage registration.
The Court will not rely on obiter dicta from earlier decisions as controlling authority when resolving the issue at hand.
Facts
The core issue concerns whether a mortgagor, after extrajudicial foreclosure and sale, may validly execute a subsequent mortgage over the same property during the redemption period.
The Court of Appeals answered that question in the negative and modified the trial court decision which had assumed the subsequent mortgage valid.
The trial court declared the extrajudicial foreclosure ineffective and ordered cancellation of the transferee's title and issuance of a new transfer certificate in plaintiffs' names.
Petitioners moved for reconsideration after the CA resolution denying relief; they challenge the CA's declaration that the real estate mortgage was void and the trial court's annulment of the foreclosure and title issuance.
Issues
Whether a mortgagor whose property has been extrajudicially foreclosed and sold may validly execute a mortgage over the same property in favor of a third party during the period of redemption.
Whether the Court of Appeals correctly modified the trial court's judgment by declaring the real estate mortgage void.
Whether the trial court erred in declaring ineffective the extrajudicial foreclosure and ordering cancellation of the transferee's Transfer Certificate of Title.
Ruling
The Supreme Court reversed and set aside the CA insofar as it modified the trial court; it reinstated the trial court's judgment in Civil Case No. R-18616 and ordered accordingly.
The Court declined to rule on petitioners' contention that the trial court erred in declaring the extrajudicial foreclosure and sale ineffective because those findings are final and binding, petitioners having failed to appeal.
Keywords
G.R. No. 98334, extrajudicial foreclosure, period of redemption, mortgage contract, appeal by certiorari, CA-G.R. CV No. 12678, Civil Case No. R-18616, right of redemption, promissory note, interest at twelve (12%) percent per annum, certificate of sale, TCT No. 14272, TCT No. 68041, annulment of the sale at public auction, Act No. 3135, as amended, real estate mortgage, notice requirements, null and void, ownership of the mortgaged property, loan association inc