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    46 PNB v. Marañon

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    Princess Antes
    This case involves a dispute over ownership of a property and entitlement to its fruits between Philippine National Bank (PNB), a mortgagee, and the Spouses Maranon, the legal owners. The court ruled that while PNB's mortgage lien on the property should be upheld given its status as a mortgagee in good faith, the fruits of the property belong to the Spouses Maranon as the determined legal and rightful owners, not PNB. As a general rule, fruits would follow the mortgage, but not if the original mortgagor is later found not to be the true owner of the property.

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    46 PNB v. Marañon

    Uploaded by

    Princess Antes
    21 views8 pages
    This case involves a dispute over ownership of a property and entitlement to its fruits between Philippine National Bank (PNB), a mortgagee, and the Spouses Maranon, the legal owners. The court ruled that while PNB's mortgage lien on the property should be upheld given its status as a mortgagee in good faith, the fruits of the property belong to the Spouses Maranon as the determined legal and rightful owners, not PNB. As a general rule, fruits would follow the mortgage, but not if the original mortgagor is later found not to be the true owner of the property.

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    © © All Rights Reserved

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    This case involves a dispute over ownership of a property and entitlement to its fruits between Philippine National Bank (PNB), a mortgagee, and the Spouses Maranon, the legal owners. The court ruled that while PNB's mortgage lien on the property should be upheld given its status as a mortgagee in good faith, the fruits of the property belong to the Spouses Maranon as the determined legal and rightful owners, not PNB. As a general rule, fruits would follow the mortgage, but not if the original mortgagor is later found not to be the true owner of the property.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    21 views8 pages

    46 PNB v. Marañon

    Uploaded by

    Princess Antes
    This case involves a dispute over ownership of a property and entitlement to its fruits between Philippine National Bank (PNB), a mortgagee, and the Spouses Maranon, the legal owners. The court ruled that while PNB's mortgage lien on the property should be upheld given its status as a mortgagee in good faith, the fruits of the property belong to the Spouses Maranon as the determined legal and rightful owners, not PNB. As a general rule, fruits would follow the mortgage, but not if the original mortgagor is later found not to be the true owner of the property.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 8

    Philippine National bank v.

    Spouses
    Marañon
    GR No. 189316 1 July 2012

    ANTES, Anne Jhae Princess R.


    ISS
    UE:
    Whether or not PNB as a mortgagee in good faith is entitled
    to the fruits of the subject property.
    RULES
    ARTICLE 2127, Civil code

    The mortgage extends to the natural accessions, to the improvements,


    growing fruits, and the rents or income not yet received when the
    obligation becomes due, and to the amount of the indemnity granted or
    owing to the proprietor from the insurers of the property mortgaged, or in
    virtue of expropriation for public use, with the declarations,
    amplifications and limitations established by law, whether the estate
    remains in the possession of the mortgagor, or it passes into the hands of
    a third person.
    JURISPRUDE
    NCE
    Cu unijeng e hijos v. mabalacat sugar co.
    Foreclosure proceedings shall cover not only the property but all its accessions
    and accessories as well.

    CASTRO, JR. v. COURT OF APPEALS


    An indispensable requisite of a valid real estate mortgage is that the mortgagor
    must be the absolute owner of the encumbered property. Hence, Article 2127 is
    based on the presumption that the ownership of accessions and accessories also
    belongs to the mortgagor as the owner of the principal.
    ANALYSIS OF
    FACTS
     Sps. Montealegre was issued a new
    title to the 152 sq.m. Property
    situated at Cuadra St., Downtown,
    Bacolod City, by virtue of a falsified
    Deed of sale.

     The property was mortgaged to PNB.

     Montealegre’s failed to pay so PNB


    foreclosed the property.
    ANALYSIS OF FACTS
     Spouses Maranon came before RTC to annul the title issued to the
    name of Emilie Montealegre and for the title to be reconveyed to
    them.
     RTC:
    a) Spouses Maranon are true registered owners.
    b) PNB is a mortgagee in good faith whose lien on the subject
    property must be respected.

     Spouses Maranon collected the rental deposits made by the building


    tenants during the pendency of the case
    SPOUSES
    PNB
    MARAÑon
     Its mortgage lien should be
    carried over to the new
    title reconveying the lot.
    They are the real and lawful
     Since the redemption
    owner of the property hence,
    period has lapsed, it is now entitled to its fruits.
    the owner of the subject
    lots and is therefore
    entitled to its fruits.
    CONCLUSION
    NO. Spouses marañon as the legal and rightful owner of the property, is
    entitled to the fruits thereof.

    As a general rule, all accessories and accessions accruing or attached to


    the mortgaged property are included in the mortgage. This rule cannot be
    applied if the mortgagor is later found or declared to be not the true owner
    of the property.

    Pnb’s lien as mortgagee in good faith only pertains to the subject land
    alone.

    Its right is only limited to having its lien carried over and annotated on the
    new title issued to Sps. Marañons. The rents belong to its rightful owners,
    Spouses Marañon.

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