Title
Dacquel vs. Spouses Sotelo
Case
G.R. No. 203946
Decision Date
Aug 4, 2021
Land dispute: Deed of Sale ruled as equitable mortgage due to gross price inadequacy; Dacquel’s title nullified, land reconveyed to Sotelos.
A

Case Digest (G.R. No. 203946)

Facts:

  • Underlying Transaction
    • In 1994, spouses Ernesto and Flora Sotelo (the Sotelos) began constructing a seven-door apartment on their Malabon City land (TCT No. 738).
    • Due to budget constraints, they borrowed ₱140,000 from Flora’s brother Arturo Dacquel, agreeing to repay double (₱280,000) from rental income of four units.
    • As security, on September 1, 1994, the Sotelos executed a Deed of Sale conveying the lot to Dacquel for ₱140,000; TCT No. 738 was cancelled and TCT No. M-10649 issued in Dacquel’s name.
  • Procedural History
    • In March 2000, after Dacquel collected ₱280,000, the Sotelos demanded reconveyance; Dacquel refused.
    • On May 29, 2000, the Sotelos filed a complaint for annulment of title and reconveyance in RTC, Branch 74, Malabon City.
    • RTC (May 27, 2009) denied the complaint for lack of evidence, upholding Dacquel’s title.
    • CA (July 12, 2012) reversed, holding the Deed of Sale to be an equitable mortgage, ordering reconveyance and cancellation of TCT M-10649; attorney’s fees of ₱100,000 granted.
    • CA denied Dacquel’s motion for reconsideration (Oct 10, 2012).
    • Dacquel filed a Rule 45 petition to the Supreme Court.

Issues:

  • Whether the September 1, 1994 Deed of Sale is, in truth, an equitable mortgage.
  • Whether Dacquel’s registered title should be nullified and reconveyed to the Sotelos.
  • Whether the Sotelos are entitled to attorney’s fees.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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