Victoria Claravall v. Ricardo Lim · G.R. 152695

Petitioner: Victoria Claravall
Respondent: Ricardo Lim
Citation: G.R. No. 152695
Court: Supreme Court
Division: Third Division
Ponente: Peralta, J.
Decided: July 25, 2011

Summary

Victoria Claravall sold a commercial lot and dwelling house to respondents through a deed of sale with right of repurchase for P250,000 with a 2-year repurchase period. When she failed to repurchase by December 3, 1978, respondents filed for consolidation of ownership. Petitioner claimed the contract was an equitable mortgage, alleging she remained in possession, respondents retained part of the purchase price, and her repurchase period was extended. The RTC, CA, and Supreme Court all ruled against her, finding the transaction was a genuine sale with right of repurchase. The Supreme Court emphasized that petitioner failed to present competent evidence supporting her equitable mortgage theory and that her claim appeared to be an afterthought to resurrect an expired right. The case clarifies the application of Articles 1602 and 1606 of the Civil Code regarding equitable mortgages and the burden of proof required to establish such claims.

Statutes applied

Civil Code, Art. 1606

Related cases

Other Philippine cases on the same provisions and issues.

Solid Homes v. Hon. Court of Appeals G.R. No. 117501
Maxima P. Saclolo v. Romeo Marquito G.R. No. 229243
Heirs of Antero Soliva v. Severino G.R. No. 159611
Inocente Leonardo v. Court of Appeals G.R. No. 82457
Saturnino Songcuan v. Hon. Intermediate Appellate Court G.R. No. 75096
Froilan Dala v. Editha A. Auticio G.R. No. 205672
Cebu State College of Science v. Luis S. Misterio G.R. No. 179025
Gerarda A. Dizon-Abilla v. Sps. Carlos G.R. No. 170745

By the Intellegal Editorial Board · July 25, 2011

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