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	GR NO. 152347 2006-06-21	UNION BANK OF PHILIPPINES v. SPS. ALFREDO ONG AND SUSANA ONG AND JACKSON LEE GARCIA, J.
xxx IN NOT FINDING THAT JACKSON LEE WAS IN BAD FAITH WHEN HE PURCHASED THE PROPERTY.[4] Petitioner maintains, citing China Banking Corporation vs. Court of Appeals,[5] that the sale in question, having been entered in fraud of creditor, is rescissible. In the same breath, however, petitioner would fault the CA for failing to consider that the sale between the Ongs and Lee is presumed fraudulent under Section 70 of Act No. 1956, as amended, or the Insolvency Law. Elaborating on this point, petitioner states that the subject sale occurred thirty (30) days prior to the filing by BMC of a petition for suspension of payment before the SEC, thus rendering the sale not merely rescissible but absolutely void.