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Benny Go vs. Eliodoro Bacaron

BENNY GO, Petitioner, versus ELIODORO BACARON, Respondent.

G.R. No. 159048 | 2005-10-11

D E C I S I O N 


PANGANIBAN, J.: 

The present Contract, which purports to be an absolute deed of sale, should be deemed an equitable mortgage for the following reasons: (1) the consideration has been proven to be unusually inadequate; (2) the supposed vendor has remained in possession of the property even after the execution of the instrument; and (3) the alleged seller has continued to pay the real estate taxes on the property. 

The Case 

Before us is a Petition for Review[1] under Rule 45 of the Rules of Court, seeking to set aside the October 17, 2002 Decision[2] and the May 20, 2003 Resolution[3] of the Court of...