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Emiliano G. Lizares, Jr. Vs. Court Of Appeals, Et Al.

EMILIANO G. LIZARES, JR., petitioner, vs. COURT OF APPEALS and SPOUSES JULIO C. LOPEZ and CRISTINA ORLANDA LOPEZ, respondents.

G.R. No. 98282 | 1993-09-06

D E C I S I O N


BELLOSILLO, J.:

This Petition for Review on Certiorari assails the Decision of 28 February 1991 1 of the Court of Appeals holding that the contract between the parties was not a sale with right to repurchase but an equitable mortgage, and its Resolution of 5 April 1991 2 denying reconsideration.

On 30 September 1983, petitioner Emiliano G. Lizares, Jr., loaned the amount of P545,000.00 to respondent spouses Julio and Cristina Orlanda Lopez. The loan was secured by a real estate mortgage 3 constituted over a parcel of land situated at 114 San Francisco Street, Mandaluyong, Metro Manila, with an aggregate area of 450...