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PNB Vs Sps Maranon
PNB Vs Sps Maranon
whereby the title to the subject lot was reconveyed to them and the cloud thereon consisting of Emilies
fraudulently obtained title was removed. Ideally, the present dispute can be simply resolved on the basis of such
pronouncement. However, the application of related legal principles ought to be clarified in order to settle the
intervening right of PNB as a mortgagee in good faith.
The protection afforded to PNB as a mortgagee in good faith refers to the right to have its mortgage lien carried
over and annotated on the new certificate of title issued to Spouses Maraon 35 as so adjudged by the RTC.
Thereafter, to enforce such lien thru foreclosure proceedings in case of non-payment of the secured debt, 36 as PNB
did so pursue. The principle, however, is not the singular rule that governs real estate mortgages and foreclosures
attended by fraudulent transfers to the mortgagor.
Rent, as an accessory follow the principal. 37 In fact, when the principal property is mortgaged, the mortgage shall
include all natural or civil fruits and improvements found thereon when the secured obligation becomes due as
provided in Article 2127 of the Civil Code, viz:
Art. 2127. 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.
Accordingly, since the building was not foreclosed, it remains a property of Spouses Maraon; it is not affected by
non-redemption and is excluded from any consolidation of title made by PNB over the subject lot. Thus, PNBs
claim for the rent paid by Tolete has no basis.