Title
Juan vs. Yap, Sr.
Case
G.R. No. 182177
Decision Date
Mar 30, 2011
A mortgage dispute involving implied trust, foreclosure, and redemption; petitioner declared trustee for respondent, who was awarded damages and attorney's fees.

Case Digest (G.R. No. 182177)
Expanded Legal Reasoning Model

Facts:

  • Mortgage Contract and Parties Involved
    • On July 31, 1995, spouses Maximo and Dulcisima CaAeda executed a mortgage by mortgaging two parcels of land in Talisay, Cebu.
    • The mortgage was used to secure a loan of P1.68 million, payable within one year.
    • The contract was prepared and notarized by Atty. Antonio Solon.
    • The petitioner, Richard Juan, was an employee and nephew of the respondent, Gabriel Yap, Sr., which is significant in the arrangement.
  • Extrajudicial Foreclosure and Auction Sale
    • On June 30, 1998, petitioner, represented by Atty. Solon, sought the extrajudicial foreclosure of the mortgage.
    • Both petitioner and respondent participated in the auction sale, where the properties were sold to petitioner for the highest bid of P2.2 million.
    • The absence of a certificate of sale was due to petitioner’s failure to pay the sale’s commission.
  • Memorandum of Agreement (MOA) and Subsequent Arrangements
    • On February 15, 1999, respondent and the CaAeda spouses executed a MOA.
    • The MOA contained several key stipulations:
      • The CaAeda spouses acknowledged respondent as their “real mortgagee-creditor,” while designating Richard Juan as merely a trustee.
      • Respondent agreed to allow the CaAeda spouses to redeem the foreclosed properties for P1.2 million.
      • The parties agreed to seek judicial action to either annul or reform the original Contract or compel petitioner to reconvey the mortgagee’s rights to respondent as trustor.
  • Regional Trial Court Proceedings
    • Three days after the MOA execution, the CaAeda spouses and respondent filed a suit in the Regional Trial Court of Cebu City.
      • They sought to declare respondent the trustee vis-à-vis petitioner under the Contract, annul petitioner’s bid for the foreclosed properties, and deem the Contract superseded or novated by the MOA.
      • They also sought damages, attorney’s fees, and other costs.
    • In his Answer, petitioner maintained his rights over the properties and counterclaimed for damages, attorney’s fees, and the turnover of the owner’s copy of the titles.
    • The trial court ruled in favor of petitioner by:
      • Declaring him the “true and real” mortgagee.
      • Ordering respondent to pay moral damages and attorney’s fees.
      • Directing respondent to deliver the titles to petitioner.
      • Yet, it permitted the redemption of the property, ordering the release of the redemption payment to petitioner.
  • Court of Appeals Ruling
    • Respondent appealed the trial court decision, arguing for the recognition of an implied or resulting trust between petitioner and respondent.
    • The Court of Appeals (CA) set aside the trial court ruling by:
      • Declaring respondent as the true mortgagee as per the Contract.
      • Directing the trial court to release the redemption payment to respondent.
      • Ordering petitioner to pay damages and attorney’s fees.
    • In its decision, the CA emphasized:
      • Testimony by Atty. Solon that he drew up the Contract at respondent’s instruction.
      • Acknowledgment by Dulcisima CaAeda that the funds were borrowed from respondent.
      • The fact that respondent paid the foreclosure expenses.
    • Instead of annulling the Contract, the CA opted for reformation, thus using the MOA as evidence to reveal the true intent of the parties.
  • Petition for Review on Certiorari
    • Petitioner filed a petition for review seeking the reversal of the CA’s ruling.
      • He relied on the terms of the original Contract and argued that the evidence of an implied trust was weak.
      • He assailed the award of damages to respondent.
    • Respondent maintained that the petition raised only factual issues, which are generally outside the scope of a petition for review, and argued that the credible parol evidence was sufficient to establish an implied trust.

Issues:

  • Whether an implied trust arose between petitioner and respondent binding petitioner to hold the beneficial title over the mortgaged properties in trust for respondent.
  • Whether respondent is entitled to collect damages arising from the conduct and arrangement between the parties.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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