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Paciencia Vizconde Serrano vs. Court of Appeals, et al.

PACIENCIA VIZCONDE SERRANO, petitioner, vs. HONORABLE COURT OF APPEALS, LEOCADIO MACARAYA and MAXIMO C. FERNANDEZ, respondents.

G.R. No. L-46307 | 1985-10-09

D E C I S I O N


GUTIERREZ, JR., J.:

This is a case which involves the true nature of the purported contract of sale executed by petitioner Paciencia Vizconde Serrano in favor of private respondent Leocadio Macaraya.

The background facts were summarized by the then Court of Appeals as follows:

"The litigated realty is more or less 384 square meters situated in the municipality of Mati, Davao Province, originally encompassed in plaintiff-appellee's TCT No. T-438 (Exh. D), then under lease, to expire last January 1971, with one Lorenzo Tan, who subleased the same to the Angelo Leonar Enterprises & Co., Inc., in actual possession thereof...