Philadelphia Agan v. Heirs… · G.R. 155018

Petitioner: Philadelphia Agan
Respondent: Heirs of Sps. Andres Nueva
Citation: G.R. No. 155018
Court: Supreme Court
Division: Second Division
Ponente: Tinga, J.
Decided: December 11, 2003

Summary

Philadelphia Agan purchased land under pacto de retro from the Nuevas in 1988 for P21,000 with 6-month repurchase right. When repurchase failed, Agan sought ownership consolidation. The RTC granted consolidation but allowed heirs 30 days to redeem under Civil Code Article 1606, as they claimed the transaction was actually an equitable mortgage. Agan filed petition for relief, arguing the redemption provision was surplusage. The Supreme Court denied relief, holding that Agan's mistake was one of law, not fact, making Rule 38 relief unavailable. The Court affirmed Article 1606's application when vendors in good faith claim equitable mortgage, emphasizing legislative intent to protect vendors' rights against circumvention of usury laws.

Statutes applied

Civil Code, Art. 1606

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By the Intellegal Editorial Board · December 11, 2003

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