Petitioner
Luisa Briones-Vasquez
Respondent
Court of Appeals
Citation
G.R. No. 144882
Court
Supreme Court
Division
First Division
Ponente
Azcuna, J.
Decided
February 4, 2005

Summary

This case involved a dispute over the true nature of a 1970 agreement between Luisa Briones-Vasquez and Maria Mendoza Vda. De Ocampo. The heirs of the deceased sought consolidation of ownership, claiming it was a pacto de retro sale where redemption period had expired. The RTC initially ruled it was a true pacto de retro sale allowing redemption. However, the Court of Appeals reversed, declaring it an equitable mortgage. When execution proved difficult, Briones-Vasquez sought clarificatory judgment from the CA, which was denied. The Supreme Court dismissed her certiorari petition, upholding that final judgments are immutable except for specific exceptions. The Court clarified that as an equitable mortgage, foreclosure proceedings are required before ownership can be consolidated, and the mortgagor retains ownership until proper foreclosure.

Statutes applied

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By the Intellegal Editorial Board · February 4, 2005

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