DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

THERE WAS A FORECLOSURE OF MORTGAGE. ABELLANA THE MORTGAGOR FILED A CASE AND RAISED THE ISSUE ON WHETHER HE HAS THE RIGHT TO REPURCHASE THE PROPERTY. COURT SAID HE HAS NO RIGHT AND COURT DECISION BECAME FINAL. LAND THEN WAS SOLD TO ANOTHER. ABELLANA FILED CASE FOR ANNULMENT OF THE FORECLOSURE PROCEEDINGS AND FOR RECONVEYANCE OF THE PROPERTY TO HIM. LANDBANK MOVED FOR DISMISSAL OF CASE. RTC AND CA DENIED SUCH MOTION TO DISMISS. SUPREME COURT SAID DISMISSAL IS PROPER BECAUSE WHEN ABELLANA PREVIOUSLY RAISED THE ISSUE ON WHETHER HE CAN REPURCHASE THE PROPERTY FROM LANDBANK HE ALREADY ADMITTED THAT LANDBANK IS NOW OWNER OF THE PROPERTY. HE CANNOT THEREFORE FILE A CASE THAT THE PROPERTY BE RE-CONVEYED TO HIM.

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