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ADORACION LUSTAN v. CA

This case has been cited 5 times or more.

	GR No. 170282 2008-12-18	ALEXANDER v. CA AND SPS. NAPOLEON AND VICTORIA VELO TINGA, J.
From a reading of the above-quoted provisions, for a presumption of an equitable mortgage to arise, two requisites must be satisfied, namely: that the parties entered into a contract denominated as a contract of sale and that their intention was to secure an existing debt by way of mortgage. Under Art. 1604 of the Civil Code, a contract purporting to be an absolute sale shall be presumed to be an equitable mortgage should any of the conditions in Art. 1602 be present. The existence of any of the circumstances therein, not a concurrence or an overwhelming number of such circumstances, suffices to give rise to the presumption that the contract is an equitable mortgage.[18]
	GR No. 170282 2008-12-18	ALEXANDER v. CA AND SPS. NAPOLEON AND VICTORIA VELO TINGA, J.
It has been established that petitioners advanced the sum of P369,000.00 to respondents that prompted the latter to transfer the properties to petitioners. Thus, before the respondents can recover the said amount, respondents must first return the amount of P369,000.00 to petitioners. In Lustan v. Court Appeals,[20] where the Court established the reciprocal obligations of the parties under an equitable mortgage, the Court ordered the reconveyance of the property to the rightful owner therein upon the payment of the loan within 90 days from the finality of this decision.
	GR NO. 151217 2006-09-08	SPS. CESAR R. ROMULO AND NENITA S. ROMULO v. SPS. MOISES P. LAYUG TINGA, J.
6) In any other case where it may be fairly inferred that the real intention of the parties is that the transaction shall secure the payment of a debt or the performance of any other obligation. (Emphasis supplied.) Art. 1604. The provisions of Article 1602 shall also apply to a contract purporting to be an absolute sale. For the presumption of equitable mortgage to arise, two requisites must be satisfied, namely: that the parties entered into a contract denominated as a contract of sale and that their intention was to secure an existing debt by way of mortgage. Under Article 1604 of the Civil Code, a contract purporting to be an absolute sale shall be presumed to be an equitable mortgage should any of the conditions in Article 1602 be present.[26] To stress, the existence of any one of the conditions under Article 1602, not a concurrence, or an overwhelming number of such circumstances, suffices to give rise to the presumption that the contract is an equitable mortgage.[27] It must be emphasized too, however, that there is no conclusive test to determine whether a deed absolute on its face is really a simple loan accommodation secured by a mortgage. In fact, it is often a question difficult to resolve and is frequently made to depend on the surrounding circumstances of each case. When in doubt, courts are generally inclined to construe a transaction purporting to be a sale as an equitable mortgage, which involves a lesser transmission of rights and interests over the property in controversy.[28]
	GR No. 151963 2004-09-09	AIR PHILIPPINES CORPORATION v. INTERNATIONAL BUSINESS AVIATION SERVICES PHILS. PANGANIBAN, J.
Second, even assuming that Atty. Manalo exceeded his authority, petitioner is solidarily liable with him if it allowed him "to act as though he had full powers."[70] Moreover, as for any obligation wherein the agent has exceeded his power, the principal is not bound except when there is ratification,[71] express or tacit.[72]
	GR No. 131520 2000-01-28	ESTELITA AGUIRRE v. CA YNARES-SANTIAGO, J.
As already stated above, Article 1604 of the Civil Code provides that the provisions of Article 1602 shall also apply to a contract purporting to be an absolute sale. The presence of even one of the circumstances in Article 1602 is sufficient basis to declare a contract as one of equitable mortgage. The explicit provision of Article 1602 that any of those circumstances would suffice to construe a contract of sale to be one of equitable mortgage is in consonance with the rule that the law favors the least transmission of property rights.[9] To stress, the existence of any one of the conditions under Article 1602, not a concurrence, or an overwhelming number of such circumstances, suffices to give rise to the presumption that the contract is an equitable mortgage.[10]