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Hemedes vs. CA p13

R&B Insurance foreclosed on a mortgage for a property owned by Maxima Hemedes after she failed to pay her loan that was due in 1964. R&B purchased the property at auction in 1968 and was issued a certificate of sale. When Hemedes failed to redeem the property within the redemption period, R&B was issued the new title to the property in 1975, maintaining an annotation of usufruct in favor of Justa Kausapin. Despite the earlier conveyance to Hemedes, Kausapin executed a document in 1971 transferring the property to her stepson Enrique Hemedes per a prior agreement. Enrique paid taxes on the property from 1971-1979 and was listed as the owner

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36 views1 page

Hemedes vs. CA p13

R&B Insurance foreclosed on a mortgage for a property owned by Maxima Hemedes after she failed to pay her loan that was due in 1964. R&B purchased the property at auction in 1968 and was issued a certificate of sale. When Hemedes failed to redeem the property within the redemption period, R&B was issued the new title to the property in 1975, maintaining an annotation of usufruct in favor of Justa Kausapin. Despite the earlier conveyance to Hemedes, Kausapin executed a document in 1971 transferring the property to her stepson Enrique Hemedes per a prior agreement. Enrique paid taxes on the property from 1971-1979 and was listed as the owner

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1968, R & B Insurance extrajudicially foreclosed the

mortgage since Maxima Hemedes failed to pay the loan


even after it became due on August 2, 1964. The land was
sold at a public auction on May 3, 1968 with R & B
Insurance as the highest bidder and a certificate of sale
was issued by the sheriff in its favor. Since Maxima
Hemedes failed to redeem the property within the
redemption period, R & B Insurance executed an Affidavit
of Consolidation dated March 29, 1974 and on May 21,
1975 the
_______________
5

Annex H of Maxima Hemedes Petition; Rollo, pp. 122-124.


358

358

SUPREME COURT REPORTS ANNOTATED


Hemedes vs. Court of Appeals

Register of Deeds of Laguna cancelled OCT No. (0-941) 0198 and issued Transfer Certificate of Title (TCT) No.
41985 in the name of R & B Insurance. The annotation of
usufruct in
favor of Justa Kausapin was maintained in the
6
new title.
Despite the earlier conveyance of the subject land in
favor of Maxima Hemedes, Justa Kausapin executed a
Kasunduan on May 27, 1971 whereby she transferred the
same land to her stepson Enrique D. Hemedes, pursuant to
the resolutory condition in the deed of donation executed in
her favor by her late husband Jose Hemedes. Enrique D.
Hemedes obtained two declarations of real propertyin
1972, and again, in 1974, when the assessed value of the
property was raised. Also, he has been paying the realty
taxes on the property from the time Justa Kausapin
conveyed the property to him in 1971 until 1979. In the
cadastral survey of Cabuyao, Laguna conducted from
September 8, 1974 to October 10, 1974, the property was
assigned Cadastral No. 2990, Cad. 455-D, Cabuyao
Cadastre, in the name of Enrique Hemedes. Enrique
Hemedes is also the named owner of the property in the
records of the Ministry of Agrarian Reform office at
Calamba, Laguna.
On February 28, 1979, Enrique D. Hemedes sold the
property to Dominium Realty and Construction

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