Under: Confusion or merger
Issue: Whether or not confusion (or merger of rights) took place when a creditor bought the mortgaged land of his debtor, in effect extinguishing the debt. Continue reading
VICENTA P. TOLENTINO and JOSE TOLENTINO vs CA
Ceferino de la Cruz, the owner of a homestead land, died in 1960; his heirs sold the land to the Tolentino spouses in 1962. In 1967, the de la Cruzes filed an action with the Court of First Instance in Davao to repurchase the land, since the law allows a five year period for repurchase of homestead lots. They said they had tried to repurchase the land several times extrajudicially, but the Tolentinos refused.
By that time, however, the Tolentinos had taken two mortgages on the land. When the first mortgage with BPI fell due, the land was auctioned, with BPI as the highest bidder. In 1969, it was registered to BPI.
However, the lower court decided in favor of the de la Cruzes, and they were allowed to repurchase the land from BPI for P16,000, and eventually acquired possession of the land in Sept. 1969.
Issue: In the case of a mortgage, is consignation necessary or is tender of payment enough? May a check be used for tender of payment and if so, when is the obligation extinguished? When the check is filled out or when it is encashed? Continue reading
From a joint press release of the health and agriculture departments, dated Feb 23 2009:
Of 160 pig blood samples that were positive for antibodies, 133 came from Bulacan and 27 from Pangasinan as reported by RITM. Those from Bulacan were traced to pigs at different age groups while those in Pangasinan were found in sows and just one piglet.
This means that there is on going viral transmission in Bulacan but past infection with recovery was the case in Pangasinan. Continue reading
I saw a Venus Flytrap for sale at the recent flower show at the Quezon City Hall. I was really looking for an organic, bio-friendly way of fighting back against the insects that were pestering my (newly-bought) herbs and other plants, and I was unable to resist the idea of having a carnivorous plant in my garden. Continue reading