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JurisprudenceG.R. NO. 166183 -

G.R. NO. 166183 - SPS. TITO ALVARO AND MARIA VALELO, VS. SPS. OSMUNDO TERNIDA AND JULITA RETURBAN, COURT OF APPEALS. D E C I S I O N - Supreme Court E-Library

Cited Laws

RA 51RA 716,RA 338,RA 103,
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TL;DR — Ruling

WHEREFORE, the appeal is granted and the Decision dated September 10, 1998 of the trial court is reversed and set aside. The Deed of Absolute Sale dated May 22, 1990 between plaintiff-appellant Julita Returban and defendants-appellees spouses Tito Alvaro and Maria Valelo shall be construed as an equitable mortgage and the Tax Declaration 2747 issued in the name of spouses Tito Alvaro and Maria Valelo is annulled.

Decision

Ruling

WHEREFORE, the appeal is granted and the Decision dated September 10, 1998 of the trial court is reversed and set aside. The Deed of Absolute Sale dated May 22, 1990 between plaintiff-appellant Julita Returban and defendants-appellees spouses Tito Alvaro and Maria Valelo shall be construed as an equitable mortgage and the Tax Declaration 2747 issued in the name of spouses Tito Alvaro and Maria Valelo is annulled. Consequently, plaintiffs-appellants are entitled to redeem the property which shall be effected upon payment of their mortgage debt to defendants-appellees. SO ORDERED.