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Severino Tolentino Vs. Benito Gonzalez Sy Chiam 050 Phil 558

SEVERINO TOLENTINO and POTENCIANA MANIO, plaintiffs-appellants, vs. BENITO GONZALEZ SY CHIAM, defendant-appellee.

G.R. No. 26086 | 1927-08-12

D E C I S I O N


JOHNSON, J.:

PRINCIPAL QUESTIONS PRESENTED BY THE APPEAL

The principal questions presented by this appeal are:

(a) Is the contract in question a pacto de retro or a mortgage ?

(b) Under a pacto de retro, when the vendor becomes a tenant of the purchaser and agrees to pay a certain amount per month as rent, may such rent render such a contract usurious when the amount paid as rent, computed upon the purchase price, amounts to a higher rate of interest upon said amount than that allowed by law?

(c ) May the contract in the present case be modified by parol evidence?

ANTECEDENT FACTS

Sometime prior to the 28th day of...