BDO Vs VTL Realty

Banco De Oro Unibank, Inc. Vs. VTL Realty, Inc.
G.R. No. 193499. April 23, 2018

Foreclosure / REM / Right of Redemption
Nature of the Case:
FACTS:
1. Victor T. Bollozos (Bollozos) was the registered owner of a parcel of land with a building situated at Barangay Guizo,
Mandaue City. Bollozos mortgaged his property to Banco de Oro Unibank Inc. (BDO) to secure the loan of the
World’s Arts & Crafts, Inc.
2. 1994, Bollozos sold the property to VTL Realty Corporation (VTL) and A Deed of Definite Sale with Assumption of
Mortgage was executed between the parties. However, BDO refused to accept VTL’s payment as it does not
recognize VTL as the new owner of the property. For BDO, the loan obligation that Bollozos and/or World’s Arts
and Crafts, Inc. contracted should be settled prior to any change in the ownership of the mortgaged property. This
led to VTL to institute an action for Specific performance with damages against BDO with RTC of Cebu. In the
course of the proceedings, the obligation remained unpaid, prompting BDO to foreclose the real estate mortgage o
in 1995. A certificate of sale was issued by BOD as the lone bidder at the auction sale. Upon the expiration of the
redemption period with no redemption being made, BDO consolidated ownership over the property.
3. In 1997, RTC rendered decision directing BDO to furnish VTL with Bollozos and/or World’s Art and Crafts Inc’s new
Statement of Account (SOA) with interests and penaltythat have accrued thereafter. VTL was directed by the RTC
to assume and pay Bollozos’ obligation to BDO upon receipt of SOA. Total obligation amounted to P41, 769,596.94.
a. VTL appealed the decision of RTC to the CA, but which affirmed the decision of the RTC in a decision
dated May 26, 2004. Thereafter, an Entry of Judgment was issued.
4. VTL filed a motion to correct Statement of Account praying that BDO be ordered to compute interests and penalties
due only up to April 28, 1995, which is the date of registration of the Certificate of Sale - based allegedly on
Development Bank of PH vs Zaragoza (DBP vs Zaragoza).
5. RTC: granted VTL’s motion based on DBP vs Zaragoza, and ruled that it lowered the amount to pay by VTL -
P6,631,840.95. But eventually upon MR of BDO, RTC reversed itself.
6. CA: reversed the decision of the RTC and favored VTL. Per construal of DBP vs. Zaragoza, it ruled that the counting
of interest must stop once the foreclosure proceedings have been completed by the execution, acknowledgment,
and recording of the Certificate of Sale in favor of the purchaser. The reckoning of the applicable interest and
penalty charges should be computed only upto April 28, 1995, or the date of registration of the Certificate of Sale.
CA denied BDO’s MR, thru its Resolution.
ISSUE: Whether interest may be properly charged to the mortgagor after the completion of the foreclosure sale (can edit
the issue)
HELD: PETITION IS GRANTED. CA’s decision and resolution are hereby reversed and set aside.
RULING:
DBP vs. Zaragoza does not apply in this case. In here, the issue is whether a mortgagor is liable for interests from
the date of the foreclosure to the date of sale of the property. This is so because it took 4 years for the Zaragozas’ property
to be sold in auction from the time it was extrajudicially foreclosed. When DBP sued for the balance with interests, the
Zaragozas argued that from the date of the foreclosure to the sale of the foreclosed property, the mortgagor is no longer
liable for the interest of the loan. The delay in the sale was of the Zaragozas’ own doing, hence court held them liable for
the interests.
In PNB vs. CA, the issue pertains to the redemption price which the mortgagor should pay to redeem the foreclosed
property. PNB contended that the redemptioner should be made to pay the interests and charges specified in the mortgage,
on top of the purchase price, computed from the time of the auction sale up to the date the mortgaged property is redeemed.
Citing DBP vs. Zaragoza, court held that after the auction sale, the redemptioner mortgagor is no longer bound to pay the
interest agreed upon in the contract of mortgage, consistent with the rules provided under Act No. 3135, as amended, which
was then the governing law for extrajudicial foreclosure of all real estate mortgages and which provides for the computation
of redemption price.
In the present case, there is no redemption price to speak of, since no right of redemption was exercised. As the
RTC found, VTL neither made a tender of payment nor did it deposit any amount, if only to stop the running of interest and
imposition of penalty charges. VTL also did not make an effort pending the redemption period to redeem the property from
BDO, who became the absolute owner. What VTL undoubtedly wants is to purchase the property from BDO, not to redeem
it, since the period for redemption has already lapsed. Clearly, PNB vs CA and DBP vs Zaragoza, is inapplicable to VTL’s
situation.
It must be recalled that VTL did not appeal from the CA decision dated May 26, 2004, which affirmed the RTC
decision that the amount to be paid by VTL shall be based on the Statement of Account dated August 12, 1994plus the
corresponding interest and penalty charges that accrued thereafter. The CA further explained therein that VTL has no right
over the mortgaged property since it did not settle the obligation it assumed.
“It is axiomatic that final and executory judgments can no longer be attacked by any of the parties or be modified,
directly or indirectly, even by the highest court of the land. "

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Banco De Oro Unibank, Inc. Vs. VTL Realty, Inc.

G.R. No. 193499. April 23, 2018

Nature of the Case:

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