Title
Cando vs. Solis
Case
G.R. No. 251792
Decision Date
Feb 27, 2023
Spouses Solis borrowed P15M, mortgaging properties to Cando. Alleged sale annulled as equitable mortgage; SC upheld CA, ruling transaction secured debt, not transfer ownership.

Case Summary (G.R. No. 251792)

Factual Background

Spouses Solis, the registered owners of the subject properties, executed a real estate mortgage in favor of Cando on February 27, 2012, to guarantee a loan of PHP 15,000,000.00. They mistakenly believed this document was a mere mortgage agreement; however, Cando later produced a deed of absolute sale, claiming ownership of the properties, leading to a demand for their eviction.

Legal Claims by Respondents

Claiming that the last portion of the mortgage document was misleading, Spouses Solis filed a complaint for annulment of the deed of absolute sale and reformation of the mortgage in the Regional Trial Court (RTC). They argued that although they signed the mortgage, the intent was not to sell the properties but to merely secure their debt.

Cando's Defense

In response, Cando contended that Spouses Solis had indeed sold the properties to her through the deed of absolute sale. She disputed claims of deception, asserting the Solis were financially literate individuals who voluntarily executed the documents. Cando also argued that having already sold the properties to her, the complaint against her should be dismissed based on legal principles such as prescription and waiver.

RTC Ruling

The RTC ruled in favor of Spouses Solis, annulling the deed of absolute sale on February 28, 2017. The court concluded the intention was to create a mortgage, not a sale, given the inadequacy of the sale price in relation to the properties' actual value and the Solis's continued possession of the properties.

CA Ruling

Cando appealed the RTC's decision to the Court of Appeals (CA), which upheld the RTC's ruling on January 29, 2020, emphasizing that the agreement constituted an equitable mortgage due to various circumstances, such as the low sale price and possession remaining with Spouses Solis.

Grounds of Appeal by Cando

In her petition before the Supreme Court, Cando argued that Spouses Solis failed to contest the basic validity of the mortgage and that their signing of the deed of sale indicated a clear and distinct intent to transfer title to her. She further argued that previous rulings regarding the lack of a pactum commissorium were unchallenged.

Respondents’ Counterarguments

Respondents countered that the courts below rightly determined that the deed of sale was executed under misrepresentation, asserting that the significant undervaluation of the properties and Spouses Solis’s possession lashed against the premise of a genuine sale. They criticized Cando's claims regarding the notarization of the deed of sale as unsubstantiated, asserting it was executed fraudulently during a time when Jose was hospital-bound.

Supreme Court’s Assessment

The Supreme Court dismissed Cando’s appeal, reaffirming the finding

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