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    Hechanova Vs Adil Case

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    Carol Jacinto
    This case involves a petition filed by Gemma Hechanova and Prescilla Masa to annul a lower court's decision regarding the validity of a deed of sale of three parcels of land. Pio Servando claimed the land was mortgaged to him in 1970 to secure a loan, with an agreement the land would be solely owned by him if not redeemed. Hechanova and Masa argued the mortgage was invalid as it was a private document not recorded. The lower court denied motions to dismiss filed by Hechanova and Masa. The Supreme Court held that the unregistered private mortgage document containing a pacto comisorio (agreement land would be solely owned) was invalid under the

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    Hechanova Vs Adil Case

    Uploaded by

    Carol Jacinto
    647 views2 pages
    This case involves a petition filed by Gemma Hechanova and Prescilla Masa to annul a lower court's decision regarding the validity of a deed of sale of three parcels of land. Pio Servando claimed the land was mortgaged to him in 1970 to secure a loan, with an agreement the land would be solely owned by him if not redeemed. Hechanova and Masa argued the mortgage was invalid as it was a private document not recorded. The lower court denied motions to dismiss filed by Hechanova and Masa. The Supreme Court held that the unregistered private mortgage document containing a pacto comisorio (agreement land would be solely owned) was invalid under the

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    Hechanova vs Adil Case

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    This case involves a petition filed by Gemma Hechanova and Prescilla Masa to annul a lower court's decision regarding the validity of a deed of sale of three parcels of land. Pio Servando claimed the land was mortgaged to him in 1970 to secure a loan, with an agreement the land would be solely owned by him if not redeemed. Hechanova and Masa argued the mortgage was invalid as it was a private document not recorded. The lower court denied motions to dismiss filed by Hechanova and Masa. The Supreme Court held that the unregistered private mortgage document containing a pacto comisorio (agreement land would be solely owned) was invalid under the

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    647 views2 pages

    Hechanova Vs Adil Case

    Uploaded by

    Carol Jacinto
    This case involves a petition filed by Gemma Hechanova and Prescilla Masa to annul a lower court's decision regarding the validity of a deed of sale of three parcels of land. Pio Servando claimed the land was mortgaged to him in 1970 to secure a loan, with an agreement the land would be solely owned by him if not redeemed. Hechanova and Masa argued the mortgage was invalid as it was a private document not recorded. The lower court denied motions to dismiss filed by Hechanova and Masa. The Supreme Court held that the unregistered private mortgage document containing a pacto comisorio (agreement land would be solely owned) was invalid under the

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    G.R. No.

    L-49940 September 25, 1986

    GEMMA R. HECHANOVA, accompanied by her husband, NICANOR HECHANOVA, JR., and


    PRESCILLA R. MASA, accompanied by her husband, FRANCISCO MASA, petitioners,
    vs.
    HON. MIDPANTAO L. ADIL, Presiding Judge, Branch II, Court of First Instance of Iloilo, THE
    PROVINCIAL SHERIFF OF ILOILO, and PIO SERVANDO, respondents.

    The case under review is for the annulment of a deed of sale dated March 11, 1978, executed by
    Jose Y. Servando in favor of Hechanova and Masa covering three parcels of land situated in Iloilo
    City.

    Pio Servando Claimed that the said parcels of land were mortgaged to him by Jose Servando in
    1970 to secure a loan of P20,000.00 with stipulation that the same be solely owned by him (PIO) in
    case of failure to redeem the property on the agreed date. He impugned the validity of the sale as
    being fraudulent, and prayed that it be declared null and void and the transfer certificates of title
    issued to the vendees be cancelled, or alternatively, if the sale is not annulled, to order the
    defendant Jose Servando to pay the amount of P20,000.00, plus interests, and to order defendants
    to pay damages.

    The defendants HECHANOVA AND MASA moved to dismiss the complaint on the grounds that it did
    not state a cause of action, the alleged mortgage being invalid and unenforceable since it was a
    mere private document and was not recorded in the Registry of Deeds; and that PIO SERVANNDO
    was not the real party in interest BEING A mere mortgagee WITH no standing to question the validity
    of the sale.

    The motion was denied by the respondent Judge, "on the ground that this action is actually one for
    collection."

    Jose Y. Servando died. HECHANOVA AND MASA filed a Manifestation and Motion, informing the
    trial court accordingly, and moving for the dismissal of the complaint pointing out that the action was
    for recovery of money based on an actionable document to which only the deceased defendant was
    a party. SAME WAS DENIED ON THE GROUND that the instant action is not purely a money claim,
    it being only incidental, the main action being one for annulment and damages.

    On August 1, 1978, PIO SERVNAVDO plaintiff filed a motion to declare defendants in default, and on
    the very next day, August 2, the respondent Judge granted the motion and set the hearing for
    presentation of plaintiff's evidence ex-parte on August 24, 1978.

    On August 2, 1978, or the same day that the default order was issued, defendants Hechanova and
    Masa filed their Answers, denying the allegations of the complaint .

    A judgment by default was rendered against the defendants, annulling the deed of sale in question
    and ordering the Register of Deeds of Iloilo to cancel the titles issued to Priscilla Masa and Gemma
    Hechanova, and to revive the title issued in the name of Jose Y. Servando and to deliver the same to
    the plaintiff.
    ISSUE: WHETHER OR NOT AN UNREGISTERED DEED OF MORTGAGE IN A PRIVATE
    DOCUMENT WITH A pacto comisorio IS VALID.

    HELD:

    NO. It is clear from the records of this case that the plaintiff has no cause of action. Plaintiff has no
    standing to question the validity of the deed of sale executed by the deceased defendant Jose
    Servando in favor of his co-defendants Hechanova and Masa. No valid mortgage has been
    constituted plaintiff's favor, the alleged deed of mortgage being a mere private document and not
    registered; moreover, it contains a stipulation (pacto comisorio) which is null and void under Article
    2088 of the Civil Code. Even assuming that the property was validly mortgaged to the plaintiff, his
    recourse was to foreclose the mortgage, not to seek annulment of the sale.

    WHEREFORE, the decision of the respondent court dated August 25, 1973 and its Order of
    February 2, 1979 are set aside, and the complaint filed by plaintiff dated February 4, 1978 is hereby
    dismissed.

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