Hodges v. Salas

IMPERIAL, J.:

The action was brought by the plaintiff to foreclose a certain real estate mortgage constituted by the defendants to secure a loan. The plaintiff appealed from the judgment of the Court of First Instance of Occidental Negros absolving the defendants from the complaint and stating: That of the capital of P28,000 referred to in Exhibit A, the defendants were liable only for the sum of P14,451.71; that the transactions and negotiations specified in Exhibit A as well as the interest charged are usurious; that the sum of P14,778.77 paid by the defendants to the plaintiff should be applied to the payment of the capital of P14,451.71; that the plaintiff must refund the sum of P3,327.06 to the defendants and, lastly, he must pay the costs. On September 2, 1923, the defendants executed a power of attorney in favor of their brother-in-law Felix S. Yulo to enable him to obtain a loan and secure it with a mortgage on the real property described in transfer certificate of title No. 3335.

The power of attorney was registered in the registry of deeds of the Province of Occidental Negros and the pertinent clauses thereof read as follows: That we confer upon our brother-in-law Mr. Felix S. Yulo, married, of age and resident of the municipality of Bago, Province of Occidental Negros, P. I., as required by law, a special power of attorney to obtain, in our respective names and representation, a loan in any amount which our said brother-in-law may deem necessary, being empowered, by virtue of the authority conferred in this power of attorney, to constitute a mortgage on a parcel of land absolutely belonging to us, the technical description of which is as follows: "TRANSFER CERTIFICATE OF TITLE NO. 3335 "A parcel of land (lot No. 2464 of the Cadastral Survey of Bago) with the improvements thereon, situated in municipality of Bago. Bounded on the NE.

and NW. by the Lonoy Sapa and lot No. 2465; on the SE. by the Ilabo Sapa; and on the SW.

by the Ilabo Sapa, lot No. 2508 and the Sapa Talaptapan. Containing an area of one million nine hundred ninety-four thousand eight hundred and thirty-four square meters (1,994,834), more or less." That we confer and grant to our said brother-in-law Mr. Felix S. Yulo power and authority to perform and execute each and every act necessary to the performance of his trust, which acts shall be for all purposes as if we had performed or executed them personally, hereby ratifying and confirming everything that our said brother-in-law Mr. Felix S. Yulo may execute or cause to be executed.

Acting under said power of attorney, Felix S. Yulo, on March 27, 1926, obtained a loan of P28,000 from the plaintiff, binding his principals jointly and severally, to pay it within ten (10) years, together with interest thereon at 12 per cent per annum payable annually in advance, to which effect he signed a promissory note for said amount and executed a deed of mortgage of the real property described in transfer certificate of title No. 3335 and the improvements thereon consisting in concrete buildings. It was stated in the deed that in case the defendants failed to pay the stipulated interest and the taxes on the real property mortgaged and if the plaintiff were compelled to bring an action to recover his credit, said defendants would be obliged to pay 10 per cent more on the unpaid capital, as fees for the plaintiff's attorneys. The mortgage so constituted was registered in the registry of deeds of the Province of Occidental Negros and noted on the back of the transfer certificate of title.

The sum of P28,000 was not delivered to Felix S. Yulo, but by agreement between him and the plaintiff, it was employed as follows: Interest for one year from March 27, 1926, to March 26, 1927, collected in advance by the plaintiff ......................... P3,360.00 Paid for the mortgage constituted by Felix S. Yulo, cancelled on the date of the loan .......................................................... 8,188.29 Paid by Felix S. Yulo on account of the purchase price of the real property bought by him on Ortiz Street ........................

2,000.00 Check No. 4590 delivered to Felix S. Yulo .......................... 3,391.71 Check No. 4597 in the name of Rafael Santos, paid to him to cancel the mortgage constituted by the defendants ..... 9,200.00 Check No. 4598 delivered to Felix S. Yulo ...........................

1,860.00 Total ........................................................................