G.R. No. 97898. August 11, 1997.*

PANGANIBAN, J.:

FACTS:

In 1972, petitioner Florante F. Manacop and his wife purchased a residential lot. The petitioner was later sued by E & L Mercantile, Inc for collection of  indebtedness which instead of filing an answer, petitioner and his company entered into a compromise agreement. On July 15, 1986, private respondent filed a motion for execution which the lower court granted. The sheriff levied and sold several vehicles and other personal properties of petitioner in partial satisfaction of the judgment debt.

G.R. No. 164740. July 31, 2006.*

CHICO-NAZARIO, J.:

FACTS:

In 1993, Private respondent Dr. Victoria Ong granted a P1,000,000.00 loan to Dolores Ledesma and as a security for said loan, the latter issued a check and executed a deed of real estate mortgage over her house and lot. Thereafter, Ledesma sold the said house and lot to Versola spouses for P2,500,000.00. The petitioner spouses paid P1,000,000 as down payment however, they were only able to pay P50,000 for the remaining amount. To raise the full amount, petitioners spouses applied for a loan with Asiatrust Bank, Inc. The parties convened at a scheme wherein petitioner spouses will pay for obligation of Ledesma to Dr. Ong. However, when Asia­trust tried to register the Real Estate Mortgage there was an existing obligation to a certain Miladay’s Jewels, Inc., in the amount of P214,284.00 that caused the refusal to release the loan.

G.R. No. 166333. November 25, 2005.*

CALLEJO, SR., J.:

FACTS:

In 1997, Premium Agro-Vet Products, Inc. (Premium) filed a complaint for sum of money against Jose Honrado, who was doing business  for failure to pay veterinary products purchased on credit amounting to P240,765.00. For failure of Honrado, as well as his counsel, to appear at the pre-trial conference, he was declared in default. Premium filed a writ of execution for the sale of property in public auction which was later sold to the private respondent. The corresponding Certificate of Sale was issued and annotated at the dorsal portion of the title.

G.R. No. 177703. January 28, 2008.*

John Nabor C. Arriola, the son of  decedent Fidel Arriola on his first wife for judicial partition of the properties against Vilma G. Arriola and Anthony Ronald G. Arriola, the second wife and their son. RTC granted the petition and among the properties subject to partition is a land which sought it sale through public auction which the both parties agreed.

But it has to be reset due to the petitioners refusal to include the disposal of subject house which is standing on the subject land, the plaintiff argued that it should be considered accessory to the land on which it is built and the subject house was built by the deceased.