DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

THIS CONCERNS A PROPERTY MORTGAGED TO TRC. THE MORTGAGOR WAS NOT THE OWNER OF THE WHOLE PROPERTY. SHE CANNOT MORTGAGE THE PORTION SHE  DOES NOT OWN.

THE MORTGAGOR  ZARATE SPOUSES CLAIMS THAT IN 1978 THE PROPERTY WAS SOLD TO THEM. THIS SALE MUST TAKE PRECEDENCE OVER THE ORAL PARTITION CLAIMED BY HEIR ALVAREZ. THE COURT RECOGNIZED THAT SAID THE SALE WAS FAKE. ORAL PARTITION IS RECOGNIZED BY COURTS.

ZARATE SPOUSES CLAIM THAT ALVAREZ COMMITTED LACHES FOR BRINGING THE CASE LATE AFTER SO MANY YEARS. SUPREME COURT NOT ALL ELEMENTS OF LACHES ARE PRESENT. ALVAREZ DISCOVERED THE DEFECT LATE AND THUS FILED THE CASE ONLY RECENTLY.

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