Case Digest (G.R. No. 43304)
Facts:
- Case: Aquino v. Deala (G.R. No. 43304)
- Date: October 21, 1936
- Parties: Plaintiff-appellee Antonio F. Aquino, special administrator of the estate of Mariano Aquino; Defendant-appellant Tomas Deala.
- Nature of Dispute: Ejectment case involving a contract initially perceived as a sale with a right of repurchase but later determined to be a loan secured by real property.
- Property: Described in original certificate of title No. 5014, located at 670 Tanduay Street, Manila.
- Contract Details: Executed on September 25, 1926, involving a sum of P4,000 received by Deala from Mariano Aquino; included stipulations such as the construction of a two-story house by Deala and payment of rent.
- Contract Evolution: Novated multiple times, increasing the loan amount and adjusting the rent.
- Procedural History: Municipal court of Manila ruled in favor of the plaintiff, ordering Deala to vacate the property and pay unpaid rents; decision affirmed by the Court of First Instance of Manila.
- Defendant's Contention: Deala argued that the contract was a loan and not a sale with a right of repurchase.
Issue:
- (Unlock)
Ruling:
- Nature of Contract: The Supreme Court ruled that the contract was a simple loan secured by real property and not a sale with a right of repurchase.
- Jurisdiction: The Supreme Court held that the Court of First Instance should have declared itself without jurisdiction to pr...(Unlock)
Ratio:
- Doctrine Reiterated: The Supreme Court reiterated the doctrine from Padilla vs. Linsangan (19 Phil., 65) that a contract will not be construed as a sale with a right of repurchase unless the terms and circumstances positively require it.
- Contract Stipulations: The stipulations such as Deala’s obligation to construct a house and pay for insurance and taxes were incompatible with a sale, indicating a loan secured by real property.
- Parties' Intention: The intention of the parties, as evidenced by their conduct and the contract terms, indicated a loan agreement.
- Jur...continue reading
Case Digest (G.R. No. 43304)
Facts:
In the case of Aquino v. Deala (G.R. No. 43304), decided on October 21, 1936, the plaintiff-appellee, Antonio F. Aquino, acting as the special administrator of the testate estate of the deceased Mariano Aquino, initiated an ejectment case against the defendant-appellant, Tomas Deala. The dispute centered around a contract initially perceived as a sale with a right of repurchase but later determined to be a loan secured by real property. The property in question was described in original certificate of title No. 5014, located at 670 Tanduay Street, Manila. The contract, executed on September 25, 1926, involved a sum of P4,000, which Deala received from Mariano Aquino. The contract included several stipulations, such as the construction of a two-story house by Deala and the payment of rent. Over time, the contract was novated multiple times, increasing the loan amount and adjusting the rent. Following the death of Mariano Aquino, his son, Antonio F. Aquino, sought to eject Deala from the property. The municipal court of Manila ruled in favor of the plaintiff, ordering Deala to vacate the property and pay unpaid rents. This decision was affirmed by the Court of First Instance of Manila. Deala contended that the contract was ...