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being indivisible even though the debt may be divided, and such
indivisibility likewise being unaffected by the fact that the
debtors are not solidarily liable.
Same; Same; Same; Pledged or mortgaged of several things.
When several things are pledged or mortgaged, each thing for a
determinate portion of the debt, the pledges or mortgages are
considered separate from each other. But when the several things
are given to secure the same debt in its entirety, all of them are
liable for the debt, and the creditor does not have to divide his
action by distributing the debt among the various things pledged
or mortgaged. Even when only a part of the debt remains unpaid,
all the things are still liable for such balance. Hence, a mortgage
voluntarily constituted by the debtor on two or more parcels of
land is one end indivisible, and the mortgagee has the right to
have either or both parcels, jointly or singly, sold to satisfy his
claim. In case the mortgaged properties are a house and lot, it
cannot be claimed that the lot and the house should be sold
separately and not together. (Tolentino's Commentaries and
Jurisprudence on the Civil Code of the Philippines, Vol. 5, 1959
ed., pp. 463464).
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the plaintiff Mobil, were declared in default for failure to answer the
complaint. Only Vincent P. Dayrit filed an answer to the Mobil complaint.
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shall be made ex parte and filed within fifteen (15) days from notice of the
final order or judgment. No more than one motion for rehearing or
reconsideration shall be filed without express leave of court. A second
motion for reconsideration may be presented within fifteen (15) days from
notice of the order or judgment deducting the time in which the first
motion has been pending."
4
Section 3, ibid.
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557
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558
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559
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10
Vol. V, 1959 ed., pp. 463464. To the same effect, see Philippine
National Bank vs. Mallorca, L22538, Oct. 31, 1967, 21 SCRA 694, 697
698.
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it
"When several things are pledged or mortgaged, each thing for a
determinate portion of the debt, the pledges or mortgages are
considered separate from each other. But when the several things
are given to secure the same debt in its entirety, all of them are
liable for the debt, and the creditor does not have to divide his
action by distributing the debt among the various things pledged
or mortgaged. Even when only a part of the debt remains unpaid,
ail the things are still liable for such balance. Hence, a mortgage
voluntarily constituted by the debtor on two or more parcels of
land is one and indivisible, and the mortgagee has the right to
have either or both parcels, jointly or singly, sold to satisfy his
claim. In case the mortgaged properties are a house and lot, it can
not be claimed that the lot and the house should be sold
separately and not together."
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561
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562
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