Bucton v. Rural Bank of El Salvador, Inc., G.R. No. 179625, 24 Feruar! 2"14.
Facts: On April 29, 1988, petitioner Nicanora G. Bucton filed with the R! of !a"a#an de Oro a case $ for Annul%ent of &ort"a"e, Foreclosure, and 'pecial (ower of Attorne# )'(A* )'(A* a"ainst +rlinda !oncepcion )!oncepcion* and respondents Rural Ban of +l 'al-ador, &isa%is Oriental, and 'heriff Re#naldo !u#on". (etitioner alle"ed that she is the owner of a parcel of land, co-ered /# ransfer !ertificate of itle )!* No. 0 88, located in !a"a#an de Oro !it# 3 that on 4une 3, 1982, !oncepcion /orrowed the title on the prete5t that she was "oin" to show it to an interested /u#er 6 that !oncepcion o/tained a loan in the a%ount of (7,777.77 fro% respondent /an 8 that as securit# for the loan, !oncepcion %ort"a"ed petitioners house house and lot to respondent /an usin" a 9 17 '(A alle"edl# e5ecuted /# petitioner in fa-or of !oncepcion that !oncepcion failed to pa# the loan 11 that petitioners house and lot were foreclosed /# respondent sheriff urin" the trial, petitioner testified that a representati-e of respondent /an went to her house to infor% her that the loan secured /# her house and lot was lon" o-erdue. 23 'ince she did not %ort"a"e an# of her properties nor did she o/tain a loan fro% respondent /an, she decided to "o to respondent /an on 4une 22, 1986 to inuire a/out the %atter .26 ;t was onl# onl # then that she disco-ered that her house and lot was %ort"a"ed /# -irtue of a for"ed '(A. 28'he insisted that her si"nature and her hus/ands si"nature on the '(A were for"ed 29 and that e-er since she "ot %arried, she no lon"er used her %aiden na%e, Nicanora Ga/ar, in si"nin" docu%ents. docu%ents. 7 (etitioner also denied appearin" /efore the notar# pu/lic, who notari
ence this petiti on.
;ssue:
?hether or not a %ort"a"e e5ecuted /# an a"ent who si"ned it under his own na%e and failed to indicate that he did so in /ehalf of another is /indin" upon the principal
>eld:
The Petition is meritorious. The Real Estate Mortgage was entered into by Concepcion in her own personal capacity. As earl# as the case of (hilippine 'u"ar +states e-elop%ent !o. -. (oi
his rulin" was adhered to and reiterated with consistenc# in the cases of Rural Ban of Bo%/on )!a%arines 'ur*, ;nc. -. !ourt of Appeals, 68 Go
