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Felisa Tayao, Et Al. vs. Pascuala Dulay, Et Al.121 Phil. 734

FELISA TAYAO, ET AL., plaintiffs-appellants, vs. PASCUALA DULAY, ET AL., defendants-appellees.

G.R. No. L-21160 | 1965-04-30

D E C I S I O N 


BAUTISTA ANGELO, J.: 

This is an action to compel defendants to reconvey to plaintiffs a parcel of land situated in Pulilan, Bulacan which, according to plaintiffs, was merely mortgaged by Apolinario Tayao, their predecessor-in-interest, to Pascuala Dulay on December 8, 1926 in accordance with a public document entered into between Apolinario Tayao and Pascuala Dulay.
 
Defendants, in their answer, claim that the document relied upon by the plaintiffs is not a mortgage but a pacto de retro sale which, because of Tayao's failure to repurchase the property within the period agreed upon, ripened into an absolute...