On February 9, 2006, the Sheriff filed a return stating that no actual personal service was made as Carmelita "is no longer residing at the given address and the said address is for 'rent,' as per information gathered from the security guard on duty." 03-0713, effectively attaching the subject property on behalf of BDO. The Makati RTC thereafter granted BDO's motion and a Writ of Attachment was issued against the defendants in CC No. On October 28, 2003, the RTC granted the motion. On October 27, 2003, after the single attempt at personal service on Carmelita and her co-defendants, BDO moved for leave to serve the summons by publication. 03-0713 show that respondent BDO already foreclosed the Fumakilla Compound as early as August 21, 2000, following Tancho Corporation's failure to pay its obligation, and BDO already consolidated its ownership of the property on November 16, 2001. Likewise impleaded were several persons, including Carmelita, who supposedly signed four (4) security agreements totaling P13,500,000 to guarantee the obligations of Tancho Corporation. 03-0713 and found out that respondent Banco de Oro (BDO), formerly Equitable PCI Bank, filed a complaint for sum of money against Tancho Corporation, the principal debtor of loan obligations obtained from the bank. Petitioner immediately procured a copy of the records of CC No. 03-0713 pending before Branch 134 of the Regional Trial Court of Makati City (Makati RTC). To their surprise, the title contained an annotation that the property covered thereby was the subject of an execution sale in Civil Case (CC) No. In 2012, they went to the Registry of Deeds of Pasig City to obtain a copy of the TCT in preparation for a prospective sale of the subject property. 111, Sampaguita St., Valle Verde II, Pasig City covered by Transfer Certificate of Title (TCT) No. (Eliseo) and his wife Carmelita, acquired a real property located at No.
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