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Domingo Lumayag, et al. vs. Heirs of Jacinto Nemeno, et al.

DOMINGO R. LUMAYAG and FELIPA N. LUMAYAG, Petitioners, versus HEIRS OF JACINTO NEME?O and DALMACIA DAYANGCO-NEME?O, represented by MELITON NEME?O, Respondents.

G.R. No. 162112 | 2007-07-03

D E C I S I O N
 


GARCIA, J.:

Challenged and sought to be set aside in this petition for review on certiorari under Rule 45 of the Rules of Court is the decision[1] dated September 30, 2003 of the Court of Appeals (CA), as reiterated in its resolution[2] of January 9, 2004 in CA-G.R. CV No. 63230, affirming, with modification, an earlier decision of the Regional Trial Court (RTC) of Ozamiz City which ruled that the instrument entitled Deed of Sale with Pacto De Retro executed in favor of the herein petitioners by the respondents is actually an equitable mortgage.

The facts:

During their lifetime, the spouses Jacinto Nemeño and...