Title
Ferdez vs. Del Rosario
Case
G.R. No. 35398
Decision Date
Nov 16, 1932
A 1928 property transaction, initially appearing as a sale, was ruled a mortgage by the court. Parol evidence revealed the true intent, nullifying the sale to Fernandez, who acted in bad faith, and restoring ownership to del Rosario.

Case Summary (A.M. No. P-04-1876)

Background and Procedural History

The case centers on a property dispute wherein Rafael Fernandez seeks to evict Paz V. del Rosario from a parcel of land, with the lower court having dismissed his complaint while ordering del Rosario to pay debts allegedly owed to him and nullifying the certificate of title held by Fernandez. Following this, Fernandez appealed, alleging various errors committed by the trial court concerning the nature of the transactions involving the property.

Allegations and Defenses

In his appeal, Fernandez contends that the trial court erred in admitting evidence that the contracts between del Rosario and Engracio de Asis y Parafina were merely a security agreement for a loan rather than an absolute sale. Del Rosario, on her part, contends that the transaction was a loan, disguised as a sale, ensuring she retained the right to redeem the property. The trial court's characterizations of these agreements as security for a loan, instead of sales, is pivotal to the case.

Nature of the Transactions

The foundational facts demonstrate that del Rosario executed various contracts with Asis, the first being a purported sale of the property for a price of P7,000, with subsequent agreements tied to improvements on the property and associated costs, effectively suggesting a loan arrangement. The rental and conditions outlined in these contracts indicate that the undertaking was more akin to a mortgage than a straightforward transaction implying property transfer.

Plaintiff's Knowledge at Purchase

Rafael Fernandez’s acquisition of the property included all prior agreements and title documents. The court noted that Fernandez, by obtaining these documents, was aware or should have been aware that the underlying reality of these transactions was a loan secured by a mortgage. Thus, the court had to assess whether Fernandez acquired good faith in his transaction or if he knowingly accepted an inferior position to that of a mortgagee.

Determination of Ownership Rights

In its analysis, the court emphasized the importance of characterizing the transaction correctly. As a mortgagee, Fernandez could not claim ownership like a vendee since he did not acquire more rights than those inherent to the mortgage. Consequently, del Rosario retained ownership and the right to possess the property despite the prior transactions that sought to affirm otherwise.

Court's Conclusion and Rulings

The court ultimately affirmed the trial court's dismissal of Fernandez's complaint for ejectment while reversing portions of the decision that affected title and ownership rights, clarifying that the evidence substantiated del Rosario’s

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