by chinita

Facts:

On June 16, 1975, spouses Flaviano and Salud Maglasang (Sps.Maglasang) obtained a credit line from respondent in the amount of ₱350,000.00 which was secured by a real estate mortgage executed over seven of their properties located in Ormoc City and the Municipality of Kananga, Province of Leyte. They availed of their credit line by securing loans in the amounts of ₱209,790.50 and ₱139,805.83 both of which becoming due and demandable within a period of one year. Further, the parties agreed that the said loans would earn interest at 12% per annum (p.a.) and an additional 4% penalty would be charged upon default.

After Flaviano Maglasang (Flaviano) died intestate on February 14,1977, his widow Salud Maglasang (Salud) and their surviving children appointed their brother petitioner Edgar Maglasang (Edgar) as their attorney-in-fact which the latter filed a petition for letter of administration before the probate court and was granted thereafter.

In view of the issuance of letters of administration, the probate court issued a Notice to Creditors for the filing of money claims against Flaviano’s estate. During the pendency of the intestate proceedings, Edgar and Oscar were able to obtain several loans from respondent, secured by promissory notes which they signed.

The probate court terminated the proceedings with the surviving heirs executing an extra-judicial partition of the properties of Flaviano’s estate. The loan obligations owed by the estate to respondent, however, remained unsatisfied due to respondent’s certification that Flaviano’s account was undergoing a restructuring. Nonetheless, the probate court expressly recognized the rights of respondent under the mortgage and promissory notes executed by the Sps. Maglasang, specifically, its "right to foreclose the same within the statutory period." In this light, respondent proceeded to extra-judicially foreclose the mortgage covering the Sps. Maglasang’s properties and emerged as the highest bidder at the public auction for the amount of ₱350,000.00. There, however, remained a deficiency on Sps. Maglasang’s obligation to respondent. Thus, respondent filed a suit to recover the deficiency amount against the estate of Flaviano.

Issue:

Whether or not the CA erred in affirming the RTC’s award of the deficiency amount in favor of respondent.

Ruling:

Yes. However, the petition is partly meritorious. Claims against deceased persons should be filed during the settlement proceedings of their estate. Such proceedings are primarily governed by special rules found under Rules 73 to 90 of the Rules. "A creditor holding a claim against the deceased secured by a mortgage or other collateral security" as highlighted, it may be reasonably concluded that the aforementioned section covers all secured claims, whether by mortgage or any other form of collateral, which a creditor may enforce against the estate of the deceased debtor.

Jurisprudence breaks down the rule under Section 7, Rule 86 and explains that the secured creditor has three remedies/options that he may alternatively adopt for the satisfaction of his indebtedness. In particular, he may choose to: (a) waive the mortgage and claim the entire debt from the estate of the mortgagor as an ordinary claim; (b) foreclose the mortgage judicially and prove the deficiency as an ordinary claim; and (c) rely on the mortgage exclusively, or other security and foreclose the same before it is barred by prescription, without the right to file a claim for any deficiency. It must, however, be emphasized that these remedies are distinct, independent and mutually exclusive from each other; thus, the election of one effectively bars the exercise of the others. Anent the third remedy, it must be mentioned that the same includes the option of extra-judicially foreclosing the mortgage under Act No. 3135,as availed of by respondent in this case. However, the plain result of adopting the last mode of foreclosure is that the creditor waives his right to recover any deficiency from the estate.

To obviate any confusion, the Court observes that the operation of Act No. 3135 does not entirely discount the application of Section 7, Rule 86, or vice-versa. Rather, the two complement each other within their respective spheres of operation. Section 7, Rule 86 governs the parameters and the extent to which a claim may be advanced against the estate, whereas Act No. 3135 sets out the specific procedure to be followed when the creditor subsequently chooses the third option – specifically, that of extra-judicially foreclosing real property belonging to the estate. Rule 86 does not detail the procedure for extra-judicial foreclosures, the formalities governing the manner of availing of the third option – such as the place where the application for extra-judicial foreclosure is filed, the requirements of publication and posting and the place of sale – must be governed by Act No. 3135.

Facts:

This refers to the administrative complainyt filed by Edgardo D. Areola (Areola) against Atty. Maria Vilma Mendoza (Atty. Mendoza), from the Public Attorney s Office (PAO) for violation of her attorney s oath of office, deceit, malpractice or other gross misconduct in office under Section 27, Rule 138 of the Revised Rules of Court, and for violation of the Code of Professional Responsibility. He alleged that on October 23, 2006, during Prisoners Week, Atty. Mendoza, visited the Antipolo City Jail and called all detainees with pending cases before the Regional Trial Court (RTC), Branch 73, Antipolo City where she was assigned, to attend her speech/lecture. Areola claimed that Atty. Mendoza stated the following during her speech:

"O kayong may mga kasong drugs na may pangpiyansa o pang- areglo ay maging praktikal sana kayo kung gusto ninyong makalaya agad. Upang makatiyak kayo na hindi masasayang ang pera ninyo ay sa akin ninyo ibigay o ng kamag-anak ninyo ang pera at ako na ang bahalang maglagay kay Judge Martin at Fiscal banqui; at kayong mga detenidong mga babae na no bail ang kaso sa drugs, iyak-iyakan lang ninyo si Judge Martin at palalayain na kayo. Malambot ang puso noon.”

Atty. Mendoza allegedly said that as she is handling more than 100 cases, all detainees should prepare and furnish her with their Sinumpaang Salaysay so that she may know the facts of their cases and their defenses and also to give her the necessary payment for their transcript of stenographic notes.

Atty. Mendoza admitted in her Answer that she advised her clients and their relatives to approach the judge and the fiscal "to beg and cry" so that their motions would be granted and their cases against them would be dismissed. To the Investigating Commissioner, this is highly unethical and improper as the act of Atty. Mendoza degrades the image of and lessens the confidence of the public in the judiciary.

Issue:

Whether or not respondent is guilty of gross misconduct or the code professional responsibility.

Ruling:

Yes. Atty. Mendoza admitted that she advised her clients to approach the judge and plead for compassion so that their motions would be granted. This admission corresponds to one of Areola’s charges against Atty. Mendoza?that she told her clients " Iyak-iyakan lang ninyo si Judge Martin at palalayain na kayo. Malambot ang puso noon." Atty. Mendoza made it appear that the judge is easily moved if a party resorts to dramatic antics such as begging and crying in order for their cases to be dismissed.

As such, the Court agrees with the IBP Board of Governors that Atty. Mendoza made irresponsible advices to her clients in violation of Rule 1.02 and Rule 15.07 of the Code of Professional Responsibility. It is the mandate of Rule 1.02 that "a lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal system." Rule 15.07 states that "a lawyer shall impress upon his client compliance with the laws and the principles of fairness.“

Facts:

Complainant filed a complaint for qualified theft against Mendoza (et al) before the Provincial Prosecution Office of Alabel, Sarangani Province. The case was docketed as I.S. No. 04-211 and assigned for preliminary investigation to Prosecutor Faisal D. Amerkhan (Prosecutor Amerkhan).

Prosecutor Amerkhan forwarded the records of the case, together with his Resolution recommending the prosecution of Mendoza, et al. and the corresponding Information, to respondent for his approval and signature. However, respondent neither approved nor signed the resolution. Instead, he removed the case records from the office of the Provincial Prosecutor and brought them to his residence, where they were kept in his custody. It appears that the respondents in I.S. No. 04-211 were personally known to respondent, as Elezar is his cousin, while Mendoza, Sarcon, Arro, and Montero are his close friends.

Aggrieved, complainant soughtthe intervention of then Department of Justice (DOJ). Unfortunately, State Prosecutor Pinote could not take appropriate action on I.S. No. 04-211 as the case records were still in the possession of respondent who failed to turn them over despite the directive to do so.

On July 20, 2005, complainant learned that the case records had been turned over to the Provincial Prosecution Office but without Prosecutor Amerkhan's Resolution and Information. Neither did respondent approve nor act upon the same, prompting complainant to file the present complaint for disbarment against him.

Issue:

Whether or not respondent grounds exist to hold respondent administratively liable.

Ruling:

Yes. Rule 6.02 - A lawyer in the government service shall not use his public position to promote or advance his private interests, nor allow the latter to interfere with his public duties.

In this case, respondent's accountability regarding I.S. No. 04-211 has been duly established. When Prosecutor Amerkhan forwarded to respondent the case records of I.S. No. 04-211, together with the resolution recommending the filing of the appropriate information in court, respondent failed to take action thereon, as records are bereft of evidence showing that he either approved or disapproved it. the Court notes respondent's defense that complainant was already aware beforehand that he (respondent) was inclined to disapprove the resolution prepared by Prosecutor Amerkhan, whom he ordered to conduct a clarificatory hearing on the case.

Hi Chief! Uhm, I don't know where to start. I just thought of making a letter for you coz I've been hiding something long enough. 2 months is so lame to hold on, that's why I'm letting it out through here so you would know. But first, let's start from when it happened. Haha english kaayo noh? Sige nalang gud. Basaha biya jud ha kay murag taas jud ni. Hihi :)

 So, at first, dugay ra jud kong kabantay nimo sa school kay sige kog kita nimo with Karlou Bael practicing table tennis sa stage ato pang wa gasugod ang construction sa new building pero I don't mind you a lot kay busy man kaayo gud. You captured my attention on a Saturday afternoon, wa koy sure sa date but that time, there's no class. Naa ko sa school kay preparation to for Lambigit and you were also there. Nagdula kag badminton ato and I was watching you from the parking area talking to a friend. Then, naka observe ko nga you were gesturing the racket a lot studying kung unsaon pag strike ang shuttle cock and I was amazed the way you play for the fact nga sa table tennis imong field. So, nangutana kos akong miga kung unsa imong ngan ang unfortunately wa sya kaila nimo. So, okay disappointed ko but still I'm holding on to it. Pag-uli nako wa na dayun ko kalimot nimo.

 On monday after I saw you playing badminton, sige kog hisgot sa room ug unsa jud kahay ngan nimo. Sige ra kog ingon nga "katong Criminology ba" then I've always describe you to my friends pero they don't have any idea. So, mao tong na create ang nickname nga "Chief" kay aside nga wa ko kaila nimo, bagay sab nimo mahimong chief puhon. Oh ha, compliment to. Hahahaha! So, wala, I failed on getting your name. Pero, sige kag labay sa room 308 kay dira raman jud akong klase. Inig labay nimo magtan-aw ra jud kos bintana and for that moment, my day would be complete. Inig labay sab nimo maulaw ko manawag sa akong friends kay sungogon unya ko. Sus na, akong dignidad unsaon nalang. So okay, I'm happy enough for that.

 Then there's one time when I passed on to the SAO Office and you were there wearing a varsity shirt with a surname at the back printed uhm "Denura" or "Danura" ba to. Di kyko sure ug ikaw ba jud to but I'm 70 percent sure, I guess, so didto na ko nangita sa Facebook. Wa man jud oy! Huhu nangutana na sab kos mga working sa Extension Office pero wa sila kaila man. So, I asked nalang si Lord. Ana ko nga ug di nako mahibaw-an imong name within 3 days starting ato nga particular day, di na jud ko. Char mura jud ug tadhana. Hahahaha!

 The next day, I went to Shanelle. Kibaw sab guro ka asa na? Oh, sa internet shop. Sa number 8 ko galingkod coz I was making my thesis. 15 minutes passed after I started my time when there's someone logged in at number 7. Wa ra ko ato kay lagi busy ko. Then, paglingi nako naka-uniform man dayun pagtan-aw jud nako ikaw man. Ohmyyy, ikaw lagi! Luh, unsaon ni. So, wa na, na-consious na kaayo ko. Then I saw sa PC nimo nga ga facebook ka pero duhhh, alangan mag tan-awon nako ang monitor ug ayo. Abi palang nga desperada na kaayo ko diri. Hahaha so mao, I didn't move, behave ra ko. But I kept on knocking the desk hoping to get your attention but I failed. Failure kaayo ko, hard to get kyka noh? Hahaha cheka ra. Dayun kay 30 minutes raman ka gagamit sa PC and then you left. So, wa na. Wa na sab nako nakuha imong ngalan. Hasula kaayo oooooy! Huhu

 Pero, on the next two days nakit-an na sab tika and you were wearing your uniform. You are so good on wearing your uniform. Pag uniform lang everyday bii? Haha aw nice raman sab tong magpolo kang muskwela but I prefer the uniform one. Hahaha! So, mao na to nakit-an na tika. Naa ko kilid sa hagdan padong sa library and I was talking to a friend then suddenly I saw you coming to my way. Kibaw ka, akong gitutukan imong nameplate hoping to get your surname. At least man lang naa koy idea. Sa akong ka near sighted, naklaro man jud nako ang "SAMARINTA". Ohmyyy! Ana dayun ko nga "Lord, this is it!" hahaha as in mura kog praning. Tabang!

 So again, kay kibaw naman kos surname nimo, I went to Facebook and again hoping I could find you. Actually, there's a lot of Samarinta out there and suddenly I found a picture of Superman with a name "Sam Samarinta". Mao na kaha ni? So, I scanned your photos and you were theeeeere! On the tag photos. Wait lang, pwede mag upload sab kag mga pictures nimo ha? Daghana para naa ra sab koy makita. Chaaaaar! Hahahaha! So, kadto na, naa na kos imong timeline and I was having a doubt to add you as friend kay helloooo, ako'y babaye noh. Hahahaha! But you don't even know me and I thought nga wa man sab mawala nako kung i-add tika. So, I took the courage with fighting spirit (char) to add you on the night after I found you on facebook.

 Sus, kay gi-accept man dayun nimo. My heart was falling to my stomach making hard and faster beats kay nakulbaan ko nga nalipay nga ambooot! Then you flooded my notofication with likes on my photos on and I was like, "Lord, sya najud kaha ni?" Pero duhhh, I reminded myself, "Deb, you are a gay and there's no guy who could probably fall for you in an instant. Don't assume!" oh diba, so okay pero nalipay gihapon kaayo ko. Hihi :) Then nichat dayun ko saying thank you as what you can remember diba? Hayyy! I was hoping to have a longer conversation with you pero maulaw naman kaayo ko. So wa nalang. Huhu :(

 Sugod ato, magtagdanay na dayun ta sa school. It's so nice to feel that a man whom I dream to be my friend would suddenly come to be sooo real. Mu "hi Deb!" na ka nako and kibaw kas feeling? Bastaaa, I'm sure naa man sab kay gi-admire and if that someone says "hi" to you, you will feel like your day is complete, right? Then, so as mine.

 Sagdi lang ko ha ug nakasulat kog ingani. I just want to let it all out. Hihi :)

 Then days had passed when the signing of clearance came. Didto na, I volunteer to the SSG Adviser that I will be the one who sign under his name since I am his secretary dayun gisugtan man ko. Everyday, I am hoping nga ako imong maabtan inig magpasign kag clearance. Sige kog tambay jud dadto mahapon para lang maabtan sab tika mulabay sa Room 308 basin naa kay tuyo sa opisina kay duol raman dadto. Hayyy! I really don't know this feeling. And the day that I'm hoping for came. March 15, 2016 at around 3pm gapasign kag clearance sa SSG Adviser nga ako ang ga-duty. Am I destined or what, pero Chief, ako jud imong naabtan. Huhu! That moment, pagkakita nakos imong ngan na-shock ko while in my head saying "is this real?" Then paghangad nako, I saw you smiling at me saying "Hi Deb!" Atay, kibaw ba kang gikilig ko ato? Yes, I was giggling inside. My heart was like in a war saying let it all out! Huhu pero kita ka cool ra kaayo ko? Oh, kay lisod pud mag kiat ko dadto abi palang nga takiroba na kyko. Char! But-an biya jud ko. Hahahaha! But the moment you left after saying thank you, as in kasyagiton kaayo ko nga I'm about to slam all the things I'm holding to the wall. I'm waiting for that very moment to see you saying "Hi" in front of me and I can't imaginge myself smiling while signing your clearance and I was sooo happy. Hayy! Tssss :)

 After dayun ato happy na kaayo ko. I posted something on Facebook saying that I got your clearance and hoping you’ll have signature as remembrance tsaaars! Hahaha and then one night, March 17, 2016, before I slept, I went to Facebook to check my notifications and I scrolled the feed for awhile and then I saw you… changed your cover photo… with a girl whom I don’t know. I frozed! My phone almost fell from my hand and look at the photo enough longer. Yeah it’s true. This is really my fate, I couldn’t get much of you and I’m going to accept it. It was supposed to be painful. So much that I might break a stone. But I didn’t coz I don’t want to. Sorry ha? Hihi L

 On the next day, March 18, 2016, it was morning. I went down from stairs duol sa SSG Office and you were also near there at the mirror, checking your uniform. Damn! You were so good at it. I took a glance at you for awhile and pretended like it was nothing. Pero kanang palayo na ko nimo nga hapit na ko naabot sa Room 112, I suddenly turn to your direction and watch you while walking backward. Bisag di kaayo tika maklaro kay ga suot kog contact lens, I can be able to see and feel you from a far that you were happy for something or someone. It’s okay. Di na ko maguol kay mugraduate naman ko. Di na ko kakita nimo. Hahahaha! I’m positive munang di ka dapat ma-affected. J So after ato, I noticed you’re coming as well kauban tong mga nag-unifrom sab nga mga Criminology students. So gadali-dali kog lakaw padung sa Registrar’s Office and you were really coming. Thankful kaayo ko nga naabot akong amiga arun naa kunuhay koy kasturya while gapadung ka and I pretended like I didn’t saw you. But my heart was racing so hard coz there’s a chance that you might say “hi!” pero wala diay. Hahahahaha! Naulaw ko lite. Huhu! I’ve always knew nga sige kag tambay sa Information Center so gasige kog tan-aw dadto pero gatalikod man ka coz you were facing the computer. Huhu! Chosss! Pero maygani gatambay pa ko dapit sa Campus Ministry then you went walking again going out of the gate and I told myself, “this would probably be the last time that I will see you at school coz I’m not coming back!” But duhhhh, mubalik pa ko hoy kay magkuha kog TOR.. Hahahaha! So, I just watched you from the CM Office and you went inside a cab and I can’t even say goodbye to you. Huhu but that’s okay kay dawat na nako tanan. Charot! Hahahaha :P

 Later, then, I realized that I don't have to feel this way. Why? Coz I know you're straight and I know you cannot fall for someone like me coz you are meant for girls and I know you'll be happy with a girl who could also complete your life as well.

 I really don't know why and how did I feel this way. As you can notice, I didn't say I have a crush on you. I only said, I admire you... a lot! Hayyy jusko tabang, ngano ni? Tsk! That's why I made this letter to let you know that I have this weird feeling and I am confident enough to give you this after my graduation coz you won't see me again. Hahahaha play safe right? Hihi :)

 Actually, I'm already complete without you. I can even sustain myself even if I don't have you coz I am single since birth and I think I'm use to it. I've only thought and imagined that my life would probably be so much better to have you. But that's impossible. Sooo very impossible! It's not painful to think about this stuff coz I already know what's gonna happen in the end. And I know my place that the life of a gay will always be the same on how it started with love.

 Thank you for the opportunity Chief! Having this feeling will always remind me that I didn't fail unto you, I just accepted my place. There's a life which is so big ahead of you, so be strong. Good luck on your journey Chief! Mwaaa :*

 PS: You have 2 options on what you are going to do with this letter.

a.) Tear it and pretend like this letter never exist kay basin gilainan ka or what.

b.) Keep it and treasure it like thinking nga panagsa ra ka makadawat ug letters. Maynalang naa kay basa-basahon ug kataw-an.

   Yours truly with love,