- Petitioner
- Tomas Matienzo
- Respondent
- The Court of First Instance of Laguna
- Citation
- G.R. No. 45333
- Court
- Supreme Court
- Division
- First Division
- Ponente
- Diaz, J.
- Decided
- July 27, 1937
Summary
Petitioners Tomas Matienzo and Aurelio Palileo filed certiorari against the Court of First Instance of Laguna challenging an order directing delivery of land parcels to respondents Guadalupe San Jose and Adriana Francisco de Guilatco. The dispute arose from competing claims over three parcels of land previously mortgaged by spouses Raymundo Ysaac and Antonina Alay to Dr. M.D. Calupitan in 1930 to secure a P1,000 debt, which was later assigned to Guadalupe San Jose. Petitioners claimed to have purchased the lands under pacto de retro, but the Supreme Court found this claim invalid, ruling that the alleged sale was inferior to the prior registered mortgage lien and that the transaction was not a genuine pacto de retro since the lands never left the original owners' possession. The Court applied the principle of estoppel against petitioners and held that the mortgage credit enjoyed preference under Civil Code Article 1927. The petition was denied with costs.