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Augusto Cosio, Et Al vs. Cherie Palileo 121 Phil. 959

AUGUSTO COSIO and BEATRIZ COSIO DE RAMA, petitioners, vs. CHERIE PALILEO, respondent.

G.R. No. L-18452 | 1965-05-31

D E C I S I O N 


REGALA, J.: 

This is an action to recover the possession of a house. It was filed following our decision in Palileo vs. Cosio, 97 Phil., 919; 51 Off. Gaz., 6181, in which We ruled that the house in question had not been sold but had merely been given as security for a debt the pacto de retro sale between the parties being in reality a loan with an equitable mortgage. In a sense, therefore, this case is a sequel to Palileo vs. Cosio. The parties are here this time to litigate on the issue of possession and its effects. 

The house in this case, a two-story building, was formerly owned by Felicisima Vda. de...