Remedial Law

In Ortigas v. Court of Appeals, a mortgage encumbrance was executed in favor of the petitioners’ predecessor-in-interest. However, the property was foreclosed and sold on a public auction without their participation. A TCT was issued in favor of the highest bidder, Carredo, upon which a memorandum of encumbrance was annotated. Upon Carredo’s petition, the trial court granted the cancellation of the said memorandum of encumbrance. The Supreme Court ruled that a petition for the annulment of judgement is proper to challenge the aforementioned trial court decision.