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Ronaldo P. Abilla And Geralda A. Dizon vs Carlos Ang Gobonseng, Jr., et al

RONALDO P. ABILLA and GERALDA A. DIZON, petitioners, vs. CARLOS ANG GOBONSENG, JR. and THERESITA MIMIE ONG, respondents.

G.R. No. 146651 | 2002-01-17

D E C I S I O N

YNARES-SANTIAGO, J.:

May the vendors in a sale judicially declared as a pacto de retro exercise the right of repurchase under Article 1606, third paragraph, of the Civil Code, after they have taken the position that the same was an equitable mortgage?

This is the legal question raised in this petition for review assailing the January 14, 2001 Order[1] of the Regional Trial Court of Dumaguete City, Branch 41, in Civil Case No. 8148, which granted herein respondent spouses the right to repurchase the seventeen lots[2] subject of the pacto de retro sale within thirty (30) days from the finality of the order.

The undisputed...