A purported contract of sale where the vendor remains in physical possession of the land, as lessee or otherwise, is an indicium of an equitable mortgage.
G.R. No. 199852, 12 November 2014
Plaintiffs Sps. Gaston Jaque and Lilia Jaque initiated a Complaint for Ownership and Recovery of Possession against Defendants Sps. Felipe Solitarios and Julia Torda.
Plaintiffs alleged that “they purchased Lot 4089 from the [defendants], spouses Solitarios in stages. According to [plaintiffs], they initially bought one-half of Lot No. 4089 for 7,000.00. Continue reading here.