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PONCIANO T. MATANGUIHAN v. PARAN

This case has been cited 7 times or more.

	GR No. 159611 2015-04-22	HEIRS OF ANTERO SOLIVA v. SOLIVA BRION, J.
For the presumption of an equitable mortgage to arise under any of the circumstances enumerated in Article 1602, however, two requisites must concur: (a) that the parties entered into a contract denominated as a contract of sale; and (b) that their intention was to secure an existing debt by way of mortgage.[34]
	GR No. 199852 2014-11-12	SPS. FELIPE SOLITARIOS AND JULIA TORDA v. SPS. GASTON JAQUE AND LILIA JAQUE VELASCO JR., J.
The Civil Code provisions that consider certain types of sales as equitable mortgages are intended for the protection of the unlettered such as the spouses Solitarios, who are penurious vis-a-vis their creditors.[27] In Cruz v. Court of Appeals.[28] the Court held -
	GR No. 170023 2009-11-27	KINGS PROPERTIES CORPORATION v. CANUTO A. GALIDO CARPIO, J.
An equitable mortgage is "one which although lacking in some formality, or form or words, or other requisites demanded by a statute, nevertheless reveals the intention of the parties to charge real property as security for a debt, and contains nothing impossible or contrary to law."[47] The essential requisites of an equitable mortgage are: The parties entered into a contract denominated as a contract of sale; and
	GR NO. 166714 2007-02-09	AMELIA S. ROBERTS v. MARTIN B. PAPIO CALLEJO, SR., J.
An equitable mortgage is one that, although lacking in some formality, form or words, or other requisites demanded by a statute, nevertheless reveals the intention of the parties to change a real property as security for a debt and contain nothing impossible or contrary to law.[49] A contract between the parties is an equitable mortgage if the following requisites are present: (a) the parties entered into a contract denominated as a contract of sale; and (b) the intention was to secure an existing debt by way of mortgage.[50] The decisive factor is the intention of the parties.
	GR NO. 166183 2006-01-20	SPS. TITO ALVARO AND MARIA VALELO v. SPS. OSMUNDO TERNIDA AND JULITA RETURBAN YNARES-SANTIAGO, J.
An equitable mortgage is defined as one which although lacking in some formality, or form or words, or other requisites demanded by a statute, nevertheless reveals the intention of the parties to charge real property as security for a debt, and contains nothing impossible or contrary to law.[15] For the presumption of an equitable mortgage to arise, two requisites must concur: (1) that the parties entered into a contract denominated as a sale; and (2) that their intention was to secure an existing debt by way of a mortgage.[16]
	GR NO. 151333 2005-09-20	SPS. NATALIO AND FELICIDAD SALONGA v. SPS. MANUEL AND NENITA CONCEPCION AND FLORENCIA REALTY CORPORATION
Articles 1602, 1603 and 1604 of the New Civil Code were designed to prevent the circumvention of the use of usury[50] and the prohibition against the creditor appropriating the mortgaged properties. Besides, in times of grave financial distress which render persons hard-pressed to answer an emergency, such persons would have no choice but to sign a deed of absolute sale of property if only to obtain a much-needed loan from unscrupulous money lenders.[51]