Petitioner
Manuel T. de Guia
Respondent
Hon. Presiding Judge
Citation
G.R. No. 161074
Court
Supreme Court
Division
Third Division
Ponente
Peralta, J.
Decided
March 22, 2010

Summary

This case involves heirs of deceased property owner Primitiva Lejano Davis challenging the validity of a P500,000.00 real estate mortgage and lease contract over fishpond property. The heirs claimed the documents were executed under duress without consideration when Primitiva was threatened with foreclosure. However, all three court levels found the documents valid. The Supreme Court applied Article 1335 of the Civil Code, ruling that threats to enforce legal claims do not vitiate consent. The Court found sufficient consideration existed as the mortgage restructured existing debt and additional funds were provided. The case demonstrates that creditors' threats to exercise legal remedies like foreclosure do not invalidate subsequently executed agreements when proper consideration exists and due process is followed.

Statutes applied

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By the Intellegal Editorial Board · March 22, 2010

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