G.R. No.

194964

SECOND DIVISION

January 11, 2016

G.R. No. 194964-65

UNIVERSITY OF MINDANAO, INC., Petitioner,

vs.

BANGKO SENTRAL NG PILIPINAS, ET AL., Respondents.

FACTS:

University of Mindanao is an educational institution. For the year 1982, its

Board of Trustees was chaired by Guillermo B. Torres. His wife, Dolores P. Torres,
sat as University of Mindanao’s Assistant Treasurer. Before 1982, Guillermo B.
Torres and Dolores P. Torres incorporated and operated two (2) thrift banks: (1) First
Iligan Savings & Loan Association, Inc. (FISLAI); and (2) Davao Savings and Loan
Association, Inc. (DSLAI). Guillermo B. Torres chaired both thrift banks. He acted as
FISLAI’s President, while his wife, Dolores P. Torres, acted as DSLAI’s President and
FISLAI’s Treasurer

Upon Guillermo B. Torres’ request, Bangko Sentral ng Pilipinas issued a P1.9

million standby emergency credit to FISLAI. The release of standby emergency
credit was evidenced by three (3) promissory notes dated February 8, 1982, April 7,
1982, and May 4, 1982 in the amounts of P500,000.00, P600,000.00, and P800,000.00,
respectively. All these promissory notes were signed by Guillermo B. Torres, and
were co-signed by either his wife, Dolores P. Torres, or FISLAI’s Special Assistant to
the President, Edmundo G. Ramos, Jr.

On May 25, 1982, University of Mindanao’s Vice President for Finance,

Saturnino Petalcorin, executed a deed of real estate mortgage over University of
Mindanao’s property in Cagayan de Oro City (covered by Transfer Certificate of
Title No. T-14345) in favor of Bangko Sentral ng Pilipinas.8 "The mortgage served as
security for FISLAI’s P1.9 Million loan[.]"9 It was allegedly executed on University of
Mindanao’s behalf.

On January 11, 1985, FISLAI, DSLAI, and Land Bank of the Philippines
entered into a Memorandum of Agreement intended to rehabilitate the thrift banks,
which had been suffering from their depositors’ heavy withdrawals. Among the
terms of the agreement was the merger of FISLAI and DSLAI, with DSLAI as the
surviving corporation. DSLAI later became known as Mindanao Savings and Loan
Association, Inc. MSLAI failed to recover from its losses and was liquidated on May
24, 1991. On June 18, 1999, Bangko Sentral ng Pilipinas sent a letter to University of
Mindanao, informing it that the bank would foreclose its properties if MSLAI’s total
outstanding obligation remained unpaid.
 On July 16, 1999, University of Mindanao filed two Complaints for
nullification and cancellation of mortgage. One Complaint was filed before the
Regional Trial Court of Cagayan de Oro City, and the other Complaint was filed
before the Regional Trial Court of Iligan City.University of Mindanao alleged in its
Complaints that it did not obtain any loan from Bangko Sentral ng Pilipinas. It also
did not receive any loan proceeds from the bank. Both courts ruled in favor of the
petitioner and declared the real estate mortgage void with The Iligan City trial court
ruling that the annotations on the titles of University of Mindanao’s properties do not
operate as notice to the University because annotations only bind third parties and not
owners. Further, Bangko Sentral ng Pilipinas’ right to foreclose the University of Mindanao’s
properties had already prescribed.

Bangko Sentral ng Pilipinas separately appealed the Decisions of both the Cagayan
de Oro City and the Iligan City trial courts.After consolidating both cases, the Court of
Appeals issued a Decision on December 17, 2009 in favor of Bangko Sentral ng Pilipinas. The
Court of Appeals ruled that Bangko Sentral ng Pilipinas’ action for foreclosure had not yet
prescribed because the due date extensions that Bangko Sentral ng Pilipinas granted to
FISLAI extended the due date of payment to five (5) years from February 8, 1985. The bank’s
demand letter to Dolores P. Torres on June 18, 1999 also interrupted the prescriptive period.
Hence, University of Mindanao filed a Petition for Review.

ISSUE:

Whether respondent Bangko Sentral ng Pilipinas’ action to foreclose the mortgaged

properties had already prescribed.

RULING:

NO, the action had not yet prescribed. The prescriptive period for actions on
mortgages is ten (10) years from the day they may be brought. Actions on mortgages may be
brought not upon the execution of the mortgage contract but upon default in payment of the
obligation secured by the mortgage.

A debtor is considered in default when he or she fails to pay the obligation on due
date and, subject to exceptions, after demands for payment were made by the creditor.
However, the demand by the creditor shall not be necessary in order that delay may exist.

Article 1193 of the Civil Code provides that an obligation is demandable only upon
due date. In other words, as a general rule, a person defaults and prescriptive period for
action runs when (1) the obligation becomes due and demandable; and (2) demand for
payment has been made. The prescriptive period neither runs from the date of the execution
of a contract nor does the prescriptive period necessarily run on the date when the loan
becomes due and demandable. Prescriptive period runs from the date of demand, subject to
certain exceptions.

The mortgage contracts in this case were executed by Saturnino Petalcorin in 1982.
The maturity dates of FISLAI’s loans were repeatedly extended until the loans became due
and demandable only in 1990.Respondent informed petitioner of its decision to foreclose its
properties and demanded payment in 1999. The running of the prescriptive period of
respondent’s action on the mortgages did not start when it executed the mortgage contracts
with Saturnino Petalcorin in 1982.

The prescriptive period for filing an action may run either (1) from 1990 when the
loan became due, (2) or from 1999 when respondent demanded payment. In either case,
respondent’s Complaint with cause of action based on the mortgage contract was filed well
within the prescriptive period. Therefore, the running of the prescriptive period was
interrupted when respondent sent its demand letter to petitioner on June 18, 1999. This
eventually led to petitioner’s filing of its annulment of mortgage complaints before the
Regional Trial Courts of Iligan City and Cagayan De Oro City on July 16, 1999.