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Myrna Ramos vs. Susana Sarao, et al

MYRNA RAMOS, Petitioner, versus SUSANA S. SARAO and JONAS RAMOS, Respondents.

G.R. No. 149756 | 2005-02-11



THIRD DIVISION
D E C I S I O N 

PANGANIBAN, J.: 

Although the parties in the instant case denominated their contract as a "DEED OF SALE UNDER PACTO DE RETRO," the "sellers" have continued to possess and to reside at the subject house and lot up to the present. This evident factual circumstance was plainly overlooked by the trial and the appellate courts, thereby justifying a review of this case. This overlooked fact clearly shows that the petitioner intended merely to secure a loan, not to sell the property. Thus, the contract should be deemed an equitable mortgage. 

The Case 

Before us is a Petition for Review[1] under...