Professional Documents
Culture Documents
16-7 Aguete vs. PNB
16-7 Aguete vs. PNB
CARPIO, J.
FACTS:
Spouses Jose Ros and Estrella Aguete filed a complaint for annulment against
Philippine National Bank before the Court of First Instance of Rizal.
Jose Ros previously obtained a loan in the amount of P115,000.00 from Philippine
National Bank and as security, a real estate mortgage over a parcel of land with TCT. No. T-
9646 was executed. Upon maturity, the loan remained unpaid and an extrajudicial
foreclosure proceeding on the mortgaged property was instituted by PNB. After the lapse of
a year, the property was consolidated and registered in the name of PNB.
Estrella Aguete, claiming she had no knowledge of the said loan nor the mortgage
constituted on the land which is part of their conjugal property, contested the transactions
and filed for an annulment of the proceedings. She interposed in her defense that the
signatures affixed on the documents were forged and that the proceeds of the loan did not
redound to the benefit of the family.
Regional Trial Court ruled for the spouses, stating that Jose Ros Aguete may during
their marriage and within ten years from the transaction mentioned, may ask the court for
an annulment of the case. On notice of appeal by PNB, Court of Appeals reversed this ruling
and found for PNB, stating that forgery was concluded without adequate proof. It also found
that the loan was used in the expansion of the family business. Hence, this petition.
ISSUE:
How is the benefit to the family proven so as to render the loan contracted by the
husband binding upon the conjugal property?
HELD:
Petitioners did not present any corroborating witness, such as a handwriting expert,
who could authoritatively declare that Aguete’s signatures were really forged.