FROM OTHER SOURCE: (MAS RELATED NI SA ATONG TOPIC_MIRROR DOCTRINE)

Source: 1
One who purchases real property which is in the actual possession of another should, at least make some
inquiry concerning the right of those in possession. The actual possession by a person other than the vendor
should, at least put the purchaser upon inquiry. He can scarcely, in the absence of such inquiry, be regarded as
a bona fde purchaser as against such possessors. (Lucena vs. CA, G.R. No. 77468, August 25, 1999).
Source 2:
Mirror Doctrine: A purchaser CANNOT close his eyes to facts which should put a
reasonable man upon his guard and then claim that he acted in GF under the belief
that there was no defect in the title of the endor !"ucena # CA$
REQUISITE FOR A VALID FORECLOSURE OF MORTGAGE
LUCENA vs. COURT OF APPEALS
G.R. No. 77468, August 25, 1999
Fats! Petitioners obtained a loan from private respondent Rural Bank of Najuan, Inc. in the
amount of P3,000 secured by a real estate mortae constituted on their parcel of land. !fter
the loan had matured, they "ere able to pay the Bank the sum of P#,000, thereby leavin a
balance of P$,000.
!fter previous demand by the rural bank for the petitioners to settle the balance of their
matured loan "ent unheeded, the subject property "as e%trajudicially foreclosed and sold at
public auction "here the rural bank as the hihest bidder ac&uired the property. Prior to the
auction sale, notice of foreclosure "ere post in at least 3 conspicuous public places in the
municipality "here the subject property "as located. No notices "ere posted in the barrio
"here the property "as located, nor "ere any published in a ne"spaper of eneral circulation.
'he (ertificate of )ale "as subse&uently issued and reistered.
"ssu#! *as there a valid foreclosure sale of the subject property+
$#%&! No. ,ailure to comply "ith statutory re&uirements as to publication of notice of auction
sale constitutes a jurisdictional error "hich invalidates the sale. -ven the sliht deviations
therefrom are not allo"ed. R! ./3/, )ec. . provides0
1'he foreclosure of mortaes coverin loans ranted by rural banks shall be e%empt
from the publication in ne"spapers "ere the total amount of the loan, includin interests due
and unpaid, does not e%ceed three thousand pesos. It shall be sufficient publication in such
cases if the notices of foreclosure are posted in at least three of the most conspicuous places in
the municipality and barrio "here the land mortaed is situated durin the period of si%ty days
immediately precedin the public auction.2
In the case at bar, the affidavit of postin e%ecuted by the sheriff states that notices of
public auction sale "ere posted in three conspicuous public places in the municipality such as
$3 the bulletin board of the 4unicipal Buildin5 #3the Public 4arket5 33 the Bus )tation. 'here is
no indication that notices "ere posted in the barrio "here the subject property lies. (learly,
there "as a failure to publish the notice of auction sale as re&uired by la".
,urther, there "as a failure on the part of the private respondents to publish notices of
foreclosure sale in a ne"spaper of eneral circulation. )ec. . provides that such foreclosure
are e%empt from the publication re&uirement "hen the total amount of the loan includin
interests due and unpaid does not e%ceed three thousand pesos. 'he la" clearly refers to the
total amount of the loan alon "ith interests and not merely the balance thereof, as stressed by
the "ord 1total.2