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Thelma P. Olea Vs. Court Of Appeals, Et Al.

THELMA P. OLEA, petitioner, vs. COURT OF APPEALS ELENA VDA. DE PACARDO, JESUS PALENCIA, ELIZABETH PALENCIA AND MONSERRAT PACIENTE, respondents.

G.R. No. L-109696 | 1995-08-14

D E C I S I O N


BELLOSILLO, J.:

This is a petition for review of the decision of the Court of Appeals affirming that of the court a quo which dismissed the complaint of petitioner for recovery of possession on the ground that the action had already prescribed and that the deed of sale with right to repurchase on which petitioner based her claim was an equitable mortgage.

On 27 January 1947 spouses Filoteo Pacardo and Severa de Pacardo executed a deed of Sale Con Pacto de Retro over Lot No. 767 of the Passi Cadastre covered by Transfer Certificate of Title No. 26424 in their name for a consideration of P950.00 in favor of Maura...