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Labasan vs. Lacuesta

ROBERTO LABASAN, AVELINO LABASAN, JOSEFINA LABASAN, and MARCELA COLOMA, petitioners, vs. ADELA LACUESTA, DOMINGA LACUESTA and NORBERTO LACUESTA, respondents.

G.R. No. L-25931 | 1978-10-30

D E C I S I O N

MUá'OZ PALMA, J:

Is the contract entered into between spouses Clemente and Hermenigilda Lacuesta on one hand and spouses Gelacio and Marcela Labasan on the other a pacto de retro sale or an equitable mortgage? This is the lone question involved in this litigation.

Sometime in 1927, spouses Lacuesta were the owners of an unregistered, irrigated riceland located in the municipality of Badoc, province of Ilocos Norte, and declared for taxation purposes under Tax Declaration No. 026181 in the name of Hermenigilda Lacuesta. 1 On April 20, 1927, the spouses executed in favor of spouses Labasan a document written in the...