Rosalina Basa vs. Atty. Emma C. Ona

Republic of the PhilippinesSUPREME COURT

FIRST DIVISION

Adm. Case No. 895 May 24, 1977

ROSALINA BASA, complainant, ATTY. EMMA C. ONA, respondent.

MUÑOZ PALMA, J.:

Complainant Rosanna Basa filed this administrative complaint against respondent Atty. Emma C. Ona, Clerk of Court of the Court of First Instance of Rizal and Ex-Officio Sheriff of Caloocan City, for "violation of law, remission of duty and grave misconduct" arising from an auction sale conducted on July 19, 1971, covering a real property owned by complainant and mortgaged to Ruben Alonzo and Salvador Monroy.

The following incidents led to the filing of this complaint:

As security for a loan of Fifty Thousand Pesos (P50,000.00) which she received from Ruben Alonzo and Salvador Monroy, Rosanna Basa executed a real estate mortgage on June 1, 1970 over a parcel of land covered by TCT No. 4235 (49607) of the Register of Deeds of Caloocan City. The loan was to be paid within one (1) year from date, with interest at the rate of 12% per annum and "in case of foreclosure, said mortgages may proceed thereto judicially or extra judicially in accordance with Act 3135, as amended, for the satisfaction of all (her) obligation, including attorney's Considering in the sum equivalent to 25% of the obligation, plus all other expenses. incidental to foreclosure proceedings." ¹

Basa failed to pay her indebtedness within the stipulated period, whereupon the mortgagees caused the extrajudicial foreclosure of the real estate mortgage as provided for in the contract. ² Assistant City Sheriff Alejandro Reyes conducted the auction sale on July 19, 1971 after complying with the requirements of the law. ³ At the auction sale, Atty. Benjamin Alonzo submitted mortgagees' written bid for P69,568.50 with an accompanying statement of account as follows: