Beruflich Dokumente
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On December 18, 1995, Chua borrowed from Spouses Martires the
07 MARTIRES v CHUA amount of P150,000. The loan was secured by a real estate mortgage
over the property. Chua committed to pay a monthy interest of 8% and
G.R. No. 174240 | March 20, 2013 | Arts. 1602 and 2088 | Binky an additional 10% monthly interest in case of default.
Petitioner: SPOUSES LEHNER and LUDY MARTIRES 3. PROBLEM: Chua failed to fully settle her obligation.
Respondents: MENELIA CHUA 4. Subsequently, without foreclosure of the mortgage, ownership of the
subject lots were transferred in the name of Spouses Martires via a
Recit-Ready: Chua borrowed from Spouses Martires the amount of P150,000. The Deed of Transfer.
loan was secured by a real estate mortgage over the property. Chua committed to 5. RTC QC: Chua filed a complaint against Spouses Martires for the
pay a monthy interest of 8% and an additional 10% monthly interest in case of annulment of the contract of mortgage between her and Sps. Martires
default. Chua failed to fully settle her obligation.Subsequently, without foreclosure on the ground that the interest rates imposed are unjust and exorbitant.
of the mortgage, ownership of the subject lots were transferred in the name of 6. RTC QC RULING: Ruled in favor of Spouses Martires and dismissed the
Spouses Martires via a Deed of Transfer. complaint.
7. CA: Affirmed the judgment of the RTC.
W/N the Deed of Transfer executed between Chua and Spouses Martires 8. MR filed by Chua.
constitute an equitable mortgage? YES 9. CA: Reversed itself and declared Deed of Transfer void ab initio.
ISSUES: W/N the Deed of Transfer executed between Chua and Spouses
Doctrine: In the instant case, it has been established that the intent of both Martires constitute an equitable mortgage? YES
petitioners and respondent is that the subject property shall serve as security for
the latter's obligation to the former. As correctly pointed out by the CA, the RATIO:
circumstances surrounding the execution of the disputed Deed of Transfer would DEFINITION OF EQUITABLE MORTGAGE: An equitable mortgage has been
show that the said document was executed to circumvent the terms of the original defined as one which, although lacking in some formality, or form or words, or
agreement and deprive respondent of her mortgaged property without the other requisites demanded by a statute, nevertheless reveals the intention of the
requisite foreclosure. parties to charge real property as security for a debt, there being no impossibility
nor anything contrary to law in this intent.
In addition, evidence points to the fact that the sale of the subject property, as
proven by the disputed Deed of Transfer, was simulated to cover up the automatic CIRCUMSTANCE OF EM APPLIED IN THIS CASE: "where it may be fairly inferred
transfer of ownership in petitioners' favor. While there was no stipulation in the that the real intention of the parties is that the transaction shall secure the
mortgage contract which provides for petitioners' automatic appropriation of the payment of a debt or the performance of any other obligation."
subject mortgaged property in the event that respondent fails to pay her obligation,
the subsequent acts of the parties and the circumstances surrounding such acts IN THE CASE AT BAR: In the instant case, it has been established that the intent
point to no other conclusion than that petitioners were empowered to acquire of both petitioners and respondent is that the subject property shall serve as
ownership of the disputed property without need of any foreclosure. security for the latter's obligation to the former. As correctly pointed out by the
CA, the circumstances surrounding the execution of the disputed Deed of
Transfer would show that the said document was executed to circumvent the
FACTS: terms of the original agreement and deprive respondent of her mortgaged
property without the requisite foreclosure
1. SUBJECT OF CONTROVERSY: 24 memorial lots located at the Holy
Cross Memorial Park in Novaliches. It is owned by Menelia Chua (Chua) DEFINITION OF PACTUM COMMISSORIUM: a stipulation empowering the
and her mother, Florencia Calagos (Calagos). creditor to appropriate the thing given as guaranty for the fulfillment of the
obligation in the event the obligor fails to live up to his undertakings, without
further formality, such as foreclosure proceedings, and a public sale
APPLICATION OF PACTUM IN THIS CASE: In the instant case, evidence points to
the fact that the sale of the subject property, as proven by the disputed Deed of
Transfer, was simulated to cover up the automatic transfer of ownership in
petitioners' favor. While there was no stipulation in the mortgage contract which
provides for petitioners' automatic appropriation of the subject mortgaged
property in the event that respondent fails to pay her obligation, the subsequent
acts of the parties and the circumstances surrounding such acts point to no
other conclusion than that petitioners were empowered to acquire ownership of
the disputed property without need of any foreclosure.