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Ramos and Eliadora Ramos, Petitioners, vs. Raul Obispo and Far East Bank and Trust Company, Respondents. Villarama, J
Ramos and Eliadora Ramos, Petitioners, vs. Raul Obispo and Far East Bank and Trust Company, Respondents. Villarama, J
II. FULL TITLE: G.R. No. 193804 February 27, 2013 SPOUSES NILO
RAMOS and ELIADORA RAMOS, Petitioners, vs. RAUL OBISPO
and FAR EAST BANK AND TRUST COMPANY, Respondents.
VILLARAMA, J.
The Trial Court ruled in favor of the petitioners granting the annulment
of the real estate mortgage, rendering it null and void and ordered FEBTC to
cancel all encumbrances on the subject property of the mortgage. FEBTC
appealed to the CA which reversed the trial court’s decision and dismissed
the complaint, holding that petitioners were third-party mortgagors under
Article 2085 of the Civil Code and that they failed to present any evidence to
prove their allegations, hence this petition
VI. ISSUE:
- WON the petitioners were accommodation mortgagors of respondent
Obispo despite the fact that no consent to such effect was given by
them and the preparation thereof was attended by fraudulent acts or
misrepresentations.
VII. RULING: