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Valmonte V CA
Valmonte V CA
Pastora then executed a Special Power of Attorney in favor of Virginia del The two loans should be considered as one mortgage credit since they were
Castelo to borrow P 5k from PNB with authority to mortgage the same constituted between the same parties on the same properties. Being a single
parcels of land. As a result, a loan of P 5k payable on demand was granted and indivisible obligation, the foreclosure sale in connection with the P 5k
by PNB. Castelo then executed a Real Estate Mortgage in its favor. loan necessarily included the other loan of P 16k. There was no outstanding
mortgage credit for the P 16k loan and PNB being the purchaser at the
PNB sent a Notice of Extra Judicial Sale of Mortgaged Properties to the auction was not subrogated to answer for any encumbrance on subject
Provincial Sheriff. properties.
Pastora executed a Deed of Sale in favor of her father. The Notice of Extra Merger as one of the means of extinguishing an obligation has the following
Judicial Sale was published in a newspaper called Nueva Era. There was elements:
then an auction sale and PNB was the sole and only bidder of P 5,
5245.40. Provincial Sheriff issued the Minutes of Auction Sale and Certificate 1. The merger of the characters of the creditor and debtor must be in
of Sale. the same person
2. It must take place in the person of either the principal creditor or the
Period of redemption expired. Artemio Valention offered to purchase the principal debtor
properties for P 35k payable upon execution of the contract in his favor. 3. It must be complete and definite
Joaquin Valmonte sent a letter-request to appelle bank for additional time so
he may repurchase the properties for P 35k. Appellants were given up to Dec >The Valmontes may have redeemed their property but they failed to do so.
31, 1955 to purchase in cash but by Dec 7, they were only able to give P 26, PNB acquired the mortgaged properties because of the failure of the
926.36 including the P 16k loand obtained by PAstora in 1951. petitions to redeem.