SPOUSES DE MESA vs. SPOUSES ACERO G.R. No. 185064. January 16, 2012 FACTS: Sometime in September 1988, Araceli obtained a loan from Claudio D. Acero, Jr. in the amount of P100,000.00, which was secured by a mortgage over the property, where a house was constructed thereon in 1987, they jointly purchased in 1984 while they were still merely cohabiting before their marriage. As payment, Araceli issued a check payable to Claudio. But it was dishonored as the account from which it was drawn had already been closed. The petitioners failed to heed Claudio’s subsequent demand for payment. Thus, on April 26, 1990, Claudio filed a complaint for violation of Batas Pambansa Blg. 22 (B.P. 22) against the petitioners. In 1992, the RTC rendered a Decision acquitting the petitioners but ordering them to pay Claudio the amount of P100,000.00 with legal interest from date of demand until fully paid. In 1993, a writ of execution was issued and Sheriff Samonte levied upon the subject property. On M...
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