SECOND DIVISION x

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PHILIPPINE NATIONAL BANK, G.R. No. 180945

AS THE ATTORNEY-IN-FACT OF
DECISION
OPAL PORTFOLIO INVESTMENTS
(SPV-AMC), INC., ABAD, J.:
Petitioner, Present:
Carpio, J., Chairperson,
- versus - Brion,
Del Castillo, This case is about the need for a mortgagee-bank, faced with
suspicious layers of transfers involving a property presented for
Abad, and mortgage, to exercise proper diligence in ascertaining the bona
Perez, JJ. fide status of those transfers.

MERCEDES CORPUZ, REPRESENTED

BY HER ATTORNEY-IN-FACT Promulgated: The Facts and the Case

VALENTINA CORPUZ,
Respondent. February 12, 2010 On October 4, 1974 respondent Mercedes Corpuz delivered her
owners duplicate copy of Transfer Certificate of Title (TCT) 32815
to Dagupan City Rural Bank as security against any liability she
might incur as its cashier. She later left her job and went to
the United States.

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 to secure payment, they executed a real estate mortgage on their
title. Before granting the loan, the PNB had the title verified and
On October 24, 1994 the rural bank where she worked cancelled
the property inspected.
its lien on Corpuzs title, she having incurred no liability to her
employer. Without Corpuzs knowledge and consent, however,
Natividad Alano, the rural banks manager, turned over Corpuzs
On November 20, 1995 respondent Corpuz filed, through an
title to Julita Camacho and Amparo Callejo.
attorney-in-fact, a complaint before the Dagupan Regional Trial
Court (RTC) against Mary Bondoc, the Palaganases, the Songcuans,
and petitioner PNB, asking for the annulment of the layers of
Conniving with someone from the assessors office, Alano,
deeds of sale covering the land, the cancellation of TCTs 63262,
Camacho, and Callejo prepared a falsified deed of sale, making it
63466, and 63528, and the reinstatement of TCT 32815 in her
appear that on February 23, 1995 Corpuz sold her land to one
name.
Mary Bondoc for P50,000.00. They caused the registration of the
deed of sale, resulting in the cancellation of TCT 32815 and the
issuance of TCT 63262 in Bondocs name. About a month later or
On June 29, 1998 the RTC rendered a decision granting
on March 27, 1995 the trio executed another fictitious deed of
respondent Corpuzs prayers. This prompted petitioner PNB to
sale with Mary Bondoc selling the property to the spouses Rufo
appeal to the Court of Appeals (CA). On July 31, 2007 the CA
and Teresa Palaganas for only P15,000.00. This sale resulted in the
affirmed the decision of the RTC and denied the motion for its
issuance of TCT 63466 in favor of the Palaganases.
reconsideration, prompting PNB to take recourse to this Court.
The Issue Presented
Nine days later or on April 5, 1995 the Palaganases executed a
deed of sale in favor of spouses Virgilio and Elena Songcuan
for P50,000.00, resulting in the issuance of TCT 63528. Finally, four The sole issue presented in this case is whether or not
months later or on August 10, 1995 the Songcuans took out a loan petitioner PNB is a mortgagee in good faith, entitling it to its lien
of P1.1 million from petitioner Philippine National Bank (PNB) and, on the title to the property in dispute.

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 contested this finding. It is evident from the faces of those titles
that the ownership of the land changed from Corpuz to Bondoc,
The Ruling of the Court
from Bondoc to the Palaganases, and from the Palaganases to the
Songcuans in less than three months and mortgaged to PNB
Petitioner PNB points out that, since it did a credit investigation, within four months of the last transfer.
inspected the property, and verified the clean status of the title
before giving out the loan to the Songcuans, it should be regarded
The above information in turn should have driven the PNB
as a mortgagee in good faith. PNB claims that the precautions it
to look at the deeds of sale involved. It would have then
took constitute sufficient compliance with the due diligence
discovered that the property was sold for ridiculously low prices:
required of banks when dealing with registered lands.
Corpuz supposedly sold it to Bondoc for just P50,000.00; Bondoc
As a rule, the Court would not expect a mortgagee to conduct an to the Palaganases for just P15,000.00; and the Palaganases to the
exhaustive investigation of the history of the mortgagors title Songcuans also for just P50,000.00. Yet the PNB gave the property
before he extends a loan.[1] But petitioner PNB is not an an appraised value of P781,760.00. Anyone who deliberately
ordinary mortgagee; it is a bank.[2] Banks are expected to be more ignores a significant fact that would create suspicion in an
cautious than ordinary individuals in dealing with lands, even otherwise reasonable person cannot be considered as an innocent
registered ones, since the business of banks is imbued with public mortgagee for value.[6]
interest.[3] It is of judicial notice that the standard practice for
banks before approving a loan is to send a staff to the property
offered as collateral and verify the genuineness of the title to The Court finds no reason to reverse the CA decision.
determine the real owner or owners.[4]
WHEREFORE, the Court DENIES the petition and AFFIRMS the
decision of the Court of Appeals dated July 31, 2007 and its
resolution dated December 17, 2007 in CA-G.R. CV 60616.
One of the CAs findings in this case is that in the course of
its verification, petitioner PNB was informed of the previous TCTs
covering the subject property.[5] And the PNB has not categorically

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SO ORDERED. Associate Justice Associate Justice

ROBERTO A. ABAD
Associate Justice
JOSE P. PEREZ
Associate Justice
WE CONCUR:

ANTONIO T. CARPIO ATTESTATION

Associate Justice
I attest that the conclusions in the above Decision had been
reached in consultation before the case was assigned to the writer
of the opinion of the Courts Division.

ARTURO D. BRION MARIANO C. DEL CASTILLO

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ANTONIO T. CARPIO
Associate Justice REYNATO S. PUNO
Chairperson, Second Division Chief Justice

[1]
Development Bank of the Philippines v. Court of Appeals, 387 Phil. 283, 302 (2000).
[2]
Cruz v. Bancom Finance Corporation (now Union Bank of the Philippines), 429 Phil. 225,
239 (2002).
[3]
Heirs of Manlapat v. Court of Appeals, 498 Phil. 453, 473 (2005).
CERTIFICATION [4]
Cavite Development Bank v. Spouses Lim, 381 Phil. 355, 368-369 (2000),
citing Spouses Tomas v. Philippine National Bank, 187 Phil. 183, 187 (1980).
[5]
Rollo, p. 23.

Pursuant to Section 13, Article VIII of the Constitution and the

Division Chairpersons Attestation, I certify that the conclusions in
the above Decision had been reached in consultation before the
case was assigned to the writer of the opinion of the Courts
Division.

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