Saturday, February 04, 2012

Estate of Gamboa vs. Florenza , 12 Phil 191

Facts: In the estate proceedings of Luis Gamboa Carpizo, Balbino Jaucian had a claim for P2,720 secured by a real estate mortgage. The lower court, upon recommendation of the commissioners, authorized the sale of the mortgaged property and the payment of Jaucian’s claim from the proceeds. The property was then sold and Jaucian paid.

Issue: Whether the lower court had the power to order the sale of a mortgaged property to satisfy the claim of a mortgage creditor

Held: No. There is nothing giving the court authority to sell the property for the purpose of paying a specific debt. It may be that the court would have authority to sell the property for the purpose of paying the debts of the estate, in general.

Also, the notice requirement was not complied with before the sale of the real property, contrary to the rules.

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