1ST SLIDE Section 2 of Rule 131 provides for the instances

where there is conclusive presumptions.

Spouses Cesar and Leonila Reyes were the
owners of three (3) parcels of land which they
mortgaged to Ibaan Rural Bank.
Subsequently, with the knowledge and consent
of the bank, the lots were sold to Spouses
Tarnate and a Deed of Absolute Sale with
Assumption of Mortgage was issued.
However, Spouses Tarnate failed to pay the
loan so the bank extra-judicially foreclosed on
the mortgaged lots.
2ND SLIDE
In the public auction, the lots were awarded to
the bank which is the sole bidder. Thereafter
the Provincial Sheriff issued a Certificate of Sale.
Wherein, it was stated that the redemption
period will expire two (2) years from the
registration of the sale.
Nearly two years thereafter, the Spouses
spouses offered to redeem the lots. They
argued that they were entitled to redeem the
foreclosed lots because they offered to redeem
and tendered the redemption price before the
deadline of the 2-year redemption period.
And this case falls under the first instance which
is whenever a party has, by his or her own
declaration, act, or omission intentionally and
deliberately led another to believe a particular
thing true, and to act upon such belief, he or
she cannot, in any litigation arising out of such
declaration, act, or omission, be permitted to
falsify it.
5TH SLIDE
In this case, the Court said that when the bank
received a copy of the Certificate of Sale, it had
actual and constructive knowledge of the two-
year redemption period as stated in the
certificate. Since, it did not object to the two-
year redemption period, it could be said that
the bank consented to such.
So, by its silence and inaction, the bank misled
Spouses Tarnate to believe that they had two
years to redeem the foreclosed lots. The bank,
now, cannot assert that the period for
redemption was only one year.
Therefore, there the two-year redemption
period is conclusively presumed and the bank
cannot be permitted to falsify it.

The bank opposed the redemption, contending

that at the time the Spouses offered to redeem
the lots, the right to redeem had prescribed, as
more than one year had elapsed from the
registration of the Certificate of Sale.

3RD SLIDE

Which brings us to the issue of WHETHER OR

NOT THE TWO-YEAR REDEMPTION PERIOD CAN
BE CONCLUSIVELY PRESUMED. – YES.

4TH SLIDE