Title
Spouses Cruz vs. Court of Appeals
Case
G.R. No. 143388
Decision Date
Oct 6, 2003
Spouses Cruz borrowed from Capistranos, secured by property. Deed of Absolute Sale deemed equitable mortgage; Cruzes to pay P66,000 balance, retaining property ownership.
A

Case Summary (G.R. No. 143388)

Loan Transaction and Property Transfer

On May 31, 1985, the Cruz couple obtained a loan of P135,000 from the Capistranos, which included conditions that required Rosita Cruz to open a checking account and sign a blank check. To secure the loan, the petitioners surrendered their Transfer Certificate of Title No. S-98034 for a property they owned in Las Piñas. Over time, they secured additional loans from the Capistranos.

Discovery and Allegations of Fraud

In 1988, following the demolition of sidewalk stalls in Divisoria, the Capistranos failed to collect debts from other vendors. Subsequently, the Cruz couple learned that their property had been mortgaged to San Miguel Corporation (SMC) and that a Transfer Certificate of Title had been fraudulently issued in the name of the Capistranos via a Deed of Absolute Sale they denied executing.

Filing of Complaints and Counterclaims

On December 21, 1988, the Cruz couple filed a complaint for annulment of the Deed of Absolute Sale, along with criminal complaints against the Capistranos. The Capistranos counterclaimed with various charges, including ejectment against the Cruz couple. The trial court eventually exonerated the Cruz couple from the criminal complaints against them.

Trial Court Decision

The Regional Trial Court ruled in favor of the Cruz couple, declaring the Deed of Absolute Sale null and void, stating that the Capistranos had not established that the Cruz couple intended to execute a deed of sale instead of a mortgage. The court ordered the cancellation of the new certificate of title and the issuance of a new title in the name of the Cruz couple.

Appeal to the Court of Appeals

The Capistranos appealed the trial court's decision. On April 24, 2000, the Court of Appeals reversed the decision, finding no sufficient evidence from the Cruz couple to prove fraud or that the deed executed was not a legitimate sale. The Court upheld its validity based on the argument that the sale was executed in full settlement of the Cruz couple’s debts.

Supreme Court Findings on Equitable Mortgage

Upon reviewing the case, the Supreme Court highlighted the characteristics indicative of an equitable mortgage under Article 1602 of the New Civil Code. The Court noted the gross inadequacy of the purported purchase price, the retention of possession by the Cruz couple, and the mutual intentions of the parties suggested the transaction was not an outright sale, but a disguised mortgage.

Legal Conclusion on Property Title

The Supreme Court ruled that the Deed of Absolute

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