Scribd Logo
Upload

Welcome to Scribd!

  • 236 views

    35 - PNB Vs Garcia Et Al - GR No 182839

    Uploaded by

    Kyle Reyes
    Jose Sr. executed documents authorizing spouses Garcia to mortgage a property covered by TCT No. T-44422 to secure a loan from PNB. Respondents filed a complaint alleging the property was conjugal. The Supreme Court ruled that all properties acquired during marriage are presumed conjugal, regardless of sole registration. The mortgage's effect is limited to the mortgagor's portion as determined in property division upon termination of co-ownership. Thus, Jose Sr. could not mortgage the entire property alone.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    35 - PNB Vs Garcia Et Al - GR No 182839

    Uploaded by

    Kyle Reyes
    236 views1 page
    Jose Sr. executed documents authorizing spouses Garcia to mortgage a property covered by TCT No. T-44422 to secure a loan from PNB. Respondents filed a complaint alleging the property was conjugal. The Supreme Court ruled that all properties acquired during marriage are presumed conjugal, regardless of sole registration. The mortgage's effect is limited to the mortgagor's portion as determined in property division upon termination of co-ownership. Thus, Jose Sr. could not mortgage the entire property alone.

    Original Description:

    PNB vs Garcia

    Original Title

    35_pnb vs Garcia Et Al_gr No 182839

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Jose Sr. executed documents authorizing spouses Garcia to mortgage a property covered by TCT No. T-44422 to secure a loan from PNB. Respondents filed a complaint alleging the property was conjugal. The Supreme Court ruled that all properties acquired during marriage are presumed conjugal, regardless of sole registration. The mortgage's effect is limited to the mortgagor's portion as determined in property division upon termination of co-ownership. Thus, Jose Sr. could not mortgage the entire property alone.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    236 views1 page

    35 - PNB Vs Garcia Et Al - GR No 182839

    Uploaded by

    Kyle Reyes
    Jose Sr. executed documents authorizing spouses Garcia to mortgage a property covered by TCT No. T-44422 to secure a loan from PNB. Respondents filed a complaint alleging the property was conjugal. The Supreme Court ruled that all properties acquired during marriage are presumed conjugal, regardless of sole registration. The mortgage's effect is limited to the mortgagor's portion as determined in property division upon termination of co-ownership. Thus, Jose Sr. could not mortgage the entire property alone.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    You are on page 1of 1

    GR NO 182839 JUNE 2, 2014

    PNB VS GARCIA ET AL
    FACTS
    Jose Sr. executed SPAs authorizing spouses Garcia to convey a property covered
    with TCT No. T-44422 to secure a loan from PNB by way of mortgage. The respondents
    filed a Complaint for Nullity of the said amendment against spouses Garcia and PNB
    alleging that the property was conjugal. PNB contends that the subject property was
    registered to Jose Sr. alone, and who was described in the as a widower.

    ISSUE
    Whether or not the subject property was conjugal.

    RULING
    The Supreme Court held that all properties acquired during marriage are conjugal
    and the registration of it in the name of one spouse does not destroy the presumption that
    it is conjugal. What is material being the time when the property was acquired. The effect
    of the mortgage with respect to the co-owners shall be limited to the portion which may
    be allotted to him in the division upon the termination of the co-ownership. Thus, Jose Sr.
    cannot mortgage the entire property.

    You might also like

    pFad - Phonifier reborn

    Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

    Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


    Alternative Proxies:

    Alternative Proxy

    pFad Proxy

    pFad v3 Proxy

    pFad v4 Proxy