The Supreme Court had to determine if the "Assignment of Leasehold Rights" was a legal transfer of ownership or merely a mortgage. If it were a mortgage, DBP's automatic takeover would constitute pactum commissorium —an agreement allowing a creditor to automatically own the collateral upon the debtor's default, which is strictly prohibited under Article 2088 of the Civil Code of the Philippines.
Lydia Cuba, a fishpond leaseholder, obtained loans from the Development Bank of the Philippines (DBP) . As security, she executed an "Assignment of Leasehold Rights." When she defaulted on her payments, DBP unilaterally appropriated her leasehold rights without a public auction or judicial foreclosure, then sold them to a third party. 118342
Merck Millipore uses 118342 as a catalog number for a Calibration Standard (3000 IR 10,000 NTU) used in water quality testing and turbidimeters. The Supreme Court had to determine if the