Thus, he prayed that the surety agreements and all other documents and processes, including the ensuing attachment, levy and execution sale, based thereon be nullified. He further averred that the alleged surety agreements upon which the attachment of the property was anchored were signed by his wife without his consent and did not redound to benefit their family. He alleged in his Complaint that the subject property is a family home that belongs to the conjugal partnership of gains he established with his wife. Upon discovery of the sale of the property, Eliseo executed an affidavit of adverse claim and filed a complaint for Annulment of Surety Agreements, Notice of Levy on Attachment, Auction Sale and Other Documents.
When the property was subject to an auction, the property was sold to BDO, who was the highest bidder. And so the case proceeded without the participation of Carmelita. The service of summons against the subject property was unserved and so BDO caused the publication of the alias summons. The next year, BDO filed an ex-parte Motion for the attachment against the defendants including Carmelita which was granted by the court. The court then approved the motion by BDO to serve summons by PUBLICATION. Understandably, the summons remained UNSERVED as “the defendants are no longer holding office at the compound” after a SINGLE ATTEMPT at PERSONAL SERVICE. The records of the case showed that BDO already foreclosed Fumakilla Compound as early as August 21, 2000, following Tancho’s failure to pay its obligation. The summons of all defendants was addressed to Tancho Corporation located at Fumakilla Compound. The civil case was initiated by BDO for a sum of money against Tancho Corporation, the principal debtor wherein Carmelita was also impleaded being a board of director of the corporation and who supposedly signed security agreements to guarantee the obligations of the corporation. While processing the papers for the prospective sale of the property, they discovered that the same has become the subject of an execution sale in a civil case. FACTS Elisio Borlongan, Jr (Elisio) and his wife Carmelita own a property located at Pasig City (subject property).
BANCO DE ORO (formerly EQUITABLE PCI BANK), Respondent.
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