Professional Documents
Culture Documents
005 Orbeta vs. Orbeta
005 Orbeta vs. Orbeta
*
G.R. No. 166837. November 27, 2006.
Products and Services (Topros), Inc., 471 SCRA 500 (2005), that
an action to annul a contract of loan and its accessory real estate
mortgage is a personal
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* THIRD DIVISION.
266
TINGA, J.:
1
In this Petition for Review on Writ of Certiorari 2 dated
February 9, 2005, Ligaya Orbeta assails the Order dated
January 21, 2005 of the Regional Trial Court (RTC),
Branch 255, Las Piñas City, which dismissed her
Complaint for Annulment of Deed of Mortgage with
Damages on the ground that the venue was improperly
laid.
The records disclose the following facts:
Petitioner and respondent Ruben Orbeta are lawfully
married and are co-owners of a 455-square meter parcel of
land located in Pililla, Rizal and covered 3
by Transfer
Certificate of Title No. (236938) M-26683. The couple later
became estranged and in 1994, petitioner left for the
United States. When petitioner came back to the
Philippines on January 29, 2003, she learned that her
estranged husband obtained a loan in the amount of
P200,000.00 from respondent Anita B. Wolcott (Wolcott)
and used the subject property as collateral.
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resident defendant
12
where he may be found, at the election
of the plaintiff.
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13 The cited rule provided that real actions are “actions affecting title
to, or for recovery of possession, or for partition or condemnation of, or
foreclosure of mortgage on, real property.”
14 G.R. No. 152808, September 30, 2005, 471 SCRA 500.
270
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