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RENATO S. SANTOS v. CA AND SPS. CESAR A. FERRERA AND REYNALDA PEDRONIA AND RUFINO NAZARETH AND DOMINGO NAZARETH

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GR No. 143697
2008-01-28
DIONISIA DORADO VDA. DE DELFIN v. SALVADOR D. DELLOTA
SANDOVAL-GUTIERREZ, J.
Dionisia's heirs now contend that the Court of Appeals erred in not holding that the Deed of Sale with Right of Redemption dated June 9, 1949 entered into by Dionisia and Gumersindo is an equitable mortgage under Article 1602 of the Civil Code. They insist that the price of P5,300.00 for a five-hectare portion of Lot No. 1213 is grossly inadequate. This readily shows that the contract is an equitable mortgage, not a sale with right of redemption. They invoke this Court's ruling in Santos v. Court of Appeals.[2]