G.R. No.

175796 July 22, 2015

BPI FAMILY SAVINGS BANK INC., Petitioner,

vs.
SPOUSES BENEDICTO & TERESITA YUJUICO, Respondents,

Penned by: BERSAMIN, J.:

Title:

Doctrine:

An action to recover the deficiency after extrajudicial foreclosure of a real property mortgage is a personal action
because it does not affect title to or possession of real property, or any interest therein.

Facts:

Expropriation proceedings against 5 parcels of land registered under the name of teresite yujiuco,
however 2 parcels of land which wew expropriated, were previously mortgaged to BPI, motion for
intervention was made, however the parcels were made final and executory for the intervention being
filed out of time, thus Bpi extrajudicially foreclosed the parcels and sold it to the highest bidder.

However there was a deficiency, Bpi sued the respondents to recover the deficiency under the MTC,
however the respondents averred that the claim is now barred by res judicata the same being a
‘supplmentary action of the extrajudicial foreclosue

Issue:

Ruling:

Title:

Doctrine:

Facts:

Issue:

Ruling: