Case Digest (G.R. No. 233395)
Facts:
Respondent Irenea Inacala was the registered owner of a parcel of land in barrio Valdefuente, Cabanatuan, Nueva Ecija. On July 1, 1941, through the intervention of Claro Pacis, she executed a deed of sale (Exhibit B) in favor of Arcadio Mendoza for P420.00, and Mendoza executed a private instrument (Exhibit C) granting Inacala the option to repurchase the lot for the same consideration within one year.Mendoza later sold the property to the spouses Eugenio and Margarita Ramos, after which a transfer certificate of title was issued. Petitioners, all surnamed Adorable, then bought the land from the Ramos spouses, and transfer certificate of title No. 19736 was issued. Inacala never redeemed the property after the first sale, and it was only in 1951 that petitioners learned of her claim when they attempted to take possession.
Issues:
- Whether the transaction between Inacala and Mendoza should be treated as a pacto de retro sale with a right of repurchase.
- Whether the Court of Appe
Case Digest (G.R. No. 233395)
Facts:
- Parties and the subject property
- Respondent Irenea Inacala was the registered owner of a parcel of land located in barrio Valdefuente, Cabanatuan, Nueva Ecija.
- Respondents included Irenea Inacala, and petitioners included persons all surnamed Adorable who later acquired title to the land.
- First sale transaction in 1941 and related instruments
- On July 1, 1941, through the intervention of Claro Pacis, Inacala executed a deed of sale (Exhibit B) covering a fifteen-hectare lot in favor of Arcadio Mendoza for P420.00.
- After executing the deed of sale, Mendoza executed a private instrument (Exhibit C) granting Inacala an option to repurchase the lot for the same consideration.
- Exhibit “C” fixed the repurchase period at one year from the date of the sale.
- Subsequent conveyances and title issuance
- Mendoza later sold the property to the spouses Eugenio and Margarita Ramos.
- A transfer certificate of title was issued in favor of the spouses Ramos.
- The petitioners, all surnamed Adorable, bought the land from the spouses Ramos.
- Transfer certificate of title No. 19736 was issued to the petitioners.
- Possession and timing of awareness of Inacala’s claim
- Since the ...(Subscriber-Only)
Issues:
- Nature of the 1941 transaction
- Whether the transaction between Inacala and Mendoza should be treated as a pacto de retro sale.
- Whether the instruments Exhibit B and Exhibit C established a sale with right of repurchase.
- Applicability of Article 1606 (third paragraph) of the Civil Code
- Whether the Court of Appeals correctly applied the third paragraph of Article 1606 of the Civil Code of the Philippines.
- Effect of failure to redeem within the stipulated period
- Whether, after the one-year repurchase period lapsed without...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)