- Petitioner
- Recaredo F. Pando
- Respondent
- Antonio Gimenez
- Citation
- G.R. No. 31816
- Court
- Supreme Court En Banc
- Division
- En Banc
- Ponente
- Romualdez, J.
- Decided
- February 15, 1930
Summary
This case involved a mortgage foreclosure that became complicated by property administration duties. Gimenez mortgaged his Manila property to secure P8,000 debt to Pando. Initially, Pando was to collect rents for interest payments, but the arrangement evolved into complete property administration (antichresis) where Pando assumed obligations to pay taxes and land rents. When Pando failed these duties, the property was lost through tax sale and lease cancellation. The Supreme Court recognized this as an antichresis under Civil Code Article 1882, making Pando liable for damages. The Court modified the lower court's decision to award Gimenez P5,000 damages while affirming the mortgage obligations, establishing important precedent on antichretic creditor duties and liability for breach of property administration agreements.