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Doroteo De La Cruz Vs. Rafael L. Resurreccion 098 Phil 975

DOROTEO DE LA CRUZ, JULIA ROBLES AND NARCISO ALIGADA, plaintiffs-appellees, vs. RAFAEL L. RESURRECCION and ALMEDA, FRANCISCO & CO., defendants-appellants.

G.R. No. L-9304 | 1956-04-28

D E C I S I O N


BAUTISTA ANGELO, J.:

Plaintiffs instituted this action in the Court of First Instance of Masbate to recover a parcel of land sold under pacto de retro to defendants and to have the latter execute the necessary deed of resale after receiving from the clerk of court the money consigned by plaintiffs to cover the payment of redemption.

The main defense of defendants is that plaintiffs failed to comply with the requirements of the law to effect redemption within the period stipulated with the result that defendants irrevocably acquired the ownership of the land. They set up a counterclaim for damages resulting from the...