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Benjamin Bautista Vs. Shirley G. Unangst and Other Unknown Persons

BENJAMIN BAUTISTA, Petitioner, versus SHIRLEY G. UNANGST and OTHER UNKNOWN PERSONS, Respondents.

G.R. No. 173002 | 2008-07-04

D E C I S I O N


REYES, R.T., J.:

THE presumption of equitable mortgage imposes a burden on the buyer to present clear evidence to rebut it. He must overthrow it, lest it persist.[1] To overturn that prima facie presumption, the buyer needs to adduce substantial and credible evidence to prove that the contract was a bona fide deed of sale with right to repurchase.

This petition for review on certiorari impugns the Decision[2] of the Court of Appeals (CA) in CA-G.R. CV No. 85942[3] which reversed and set aside that[4] of the Regional Trial Court (RTC) in an action for specific performance or recovery of possession, for sum of money, for...