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Felimon Uy Vs. Court Of Appeals, Et Al.

FELIMON UY, petitioner, vs. THE COURT OF APPEALS and MARIA DEL ROSARIO-TANJUAKIO, respondents.

G.R. No. 104784 | 1994-03-03

D E C I S I O N


NOCON, J.:

Petitioner assails the appellate court's decision declaring his loan to private respondent as an equitable mortgage. 1 Emphatically declaring that what private respondent signed was a deed of absolute sale over her house and lot, petitioner asks us to reverse. Private respondent, on the other hand, states that the real intention of the parties was that her house and lot would only be mortgaged to petitioner as shown by an "Option To Repurchase." Since the decisions of the trial court and the appellate court are worlds apart, the Court has decided to scrutinize the evidence thoroughly.

The facts of the case as...