CRIMINAL LAW

Criminal Law, defined.

Criminal law is that branch or division of law which defines
crimes, treats of their nature, and provides for their punishment. (12
Cyc. 129)
Crime, defined.
Crime is an act committed or omitted in violation of a public law
forbidding or commanding it. (I Bouvier's Law Dictionary, Rawle's
Third Revision, 729)
Sources of

CRIMINAL LAW
Criminal Law, defined.
Criminal law is that branch or division of law which defines
crimes, treats of their nature, and provides for their punishment. (12
Cyc. 129)
Crime, defined.
Crime is an act committed or omitted in violation of a public law
forbidding or commanding it. (I Bouvier's Law Dictionary, Rawle's
Third Revision, 729)
Sources of

Asf

Klsdjfklsdaf
Act No. 3135 a foreclosure petition of the mortgaged lots. The lots were
sold or auctioned off with PNB as the highest bidder. A Final Deed of Sale
and a Certificate of Sale was executed in favor of the petitioner. The final
Deed of Sale was registered in Registry of Property. Inasmuch as the
respondent did not buy back the lots from PNB, PNB sold on the same in a
"Deed of Conditional Sale". The Notices of Sale of foreclosed properties
were published on March 28, April 11 and April 12, 1969 in a newspaper.

Respondent brought a complaint for the reconveyance of the lands, which

the petitioner allegedly unlawfully foreclosed. The petitioner states on the
other hand that the extrajudicial foreclosure, consolidation of ownership,
and subsequent sale were all valid.

The CFI rendered its Decision; the complaint against the petitioner was
dismissed.

Unsatisfied with the judgment, respondent interposed an appeal that the

lower court erred in holding that there was a valid compliance in regard to
the required publication under Sec. 3 of Act. 3135.

Respondent court reversed the judgment appealed from by declaring void,

inter alia, the auction sale of the foreclosed pieces of realty, the final deed
of sale, and the consolidation of ownership. Hence, the petition with SC for
certiorari and intervention.

Issue:

WON the required publication of The Notices of Sale on the foreclosed

properties under Sec. 3 of Act 3135 was complied.

Ruling:
No. The first date falls on a Friday while the second and third dates are on
a Friday and Saturday, respectively. Section 3 of Act No. 3135 requires that
the notice of auction sale shall be "published once a week for at least three
consecutive weeks". Evidently, petitioner bank failed to comply with this
legal requirement. The Supreme Court held that:

The rule is that statutory provisions governing publication of notice of

mortgage foreclosure sales

CRIMINAL LAW
Criminal Law, defined.
Criminal law is that branch or division of law which defines
crimes, treats of their nature, and provides for their punishment. (12
Cyc. 129)
Crime, defined.
Crime is an act committed or omitted in violation of a public law
forbidding or commanding it. (I Bouvier's Law Dictionary, Rawle's
Third Revision, 729)
Sources of

Asf

Klsdjfklsdaf

CRIMINAL LAW
Criminal Law, defined.
Criminal law is that branch or division of law which defines
crimes, treats of their nature, and provides for their punishment. (12
Cyc. 129)
Crime, defined.
Crime is an act committed or omitted in violation of a public law
forbidding or commanding it. (I Bouvier's Law Dictionary, Rawle's
Third Revision, 729)
CRIMINAL LAW
Criminal Law, defined.
Criminal law is that branch or division of law which defines
crimes, treats of their nature, and provides for their punishment. (12
Cyc. 129)
Crime, defined.
Crime is an act committed or omitted in violation of a public law
forbidding or commanding it. (I Bouvier's Law Dictionary, Rawle's
Third Revision, 729)
Sources of

Asf

Klsdjfklsdaf
Criminal Law, defined.
Criminal law is that branch or division of law which defines
crimes, treats of their nature, and provides for their punishment. (12
Cyc. 129)
Crime, defined.
Crime is an act committed or omitted in violation of a public law
forbidding or commanding it. (I Bouvier's Law Dictionary, Rawle's
Third Revision, 729)
Sources of

Asf

Klsdjfklsdaf

CRIMINAL LAW
Criminal Law, defined.
Criminal law is that branch or division of law which defines
crimes, treats of their nature, and provides for their punishment. (12
Cyc. 129)
Crime, defined.
Crime is an act committed or omitted in violation of a public law
forbidding or commanding it. (I Bouvier's Law Dictionary, Rawle's
Third Revision, 729)
Sources of

Asf

Klsdjfklsdaf

Asf

Klsdjfklsdaf