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BENNY GO v. ELIODORO BACARON

This case has been cited 4 times or more.

	GR No. 155716 2009-10-02	ROCKVILLE EXCEL INTERNATIONAL EXIM CORPORATION v. SPS. OLIGARIO CULLA AND BERNARDITA MIRANDA BRION, J.
An equitable mortgage has been 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, there being no impossibility nor anything contrary to law in this intent."[9]
	GR NO. 161479 2007-10-18	ADORACION REDONDO v. ANGELINA JIMENEZ QUISUMBING, J.
Adoracion also claims that she paid the real estate taxes on the property. It is true that payment of realty taxes is a usual burden attached to ownership of real property. Coupled with continuous possession of the property, it constitutes evidence of great weight that a person under whose name the realty taxes were declared has a valid and rightful claim over the land.[12] However, the Tax Receipts[13] on record clearly indicate that it was Angelina who had been paying the realty taxes on the property from the time of the sale until the filing by Adoracion of the Complaint for its annulment. Adoracion, on the other hand, failed to present any evidence to support her claim that she was the one who paid the said taxes.
	GR No. 141181 2007-04-27	SAMSON CHING v. CLARITA NICDAO CALLEJO, SR., J.
Clearly, adding the payments recorded at the back of the cigarette cartons by Emma Nuguid in her own handwriting totaling P5,780,000.00 and the P1,200,000.00 demand draft received by Emma Nuguid, it would appear that petitioner had already made payments in the total amount of P6,980,000.00 for her loan in the total amount of P6,980,000.00 for her loan obligation of only P2,100,000.00 (P950,000.00 in the case at bar and P1,150,000.00 in CA-G.R. CR No. 23054).[45] Generally checks may constitute evidence of indebtedness.[46] However, in view of the CA's findings relating to the eleven (11) checks - that the P20,000,000.00 was a stolen check and the obligations secured by the other ten (10) checks had already been fully paid by respondent Nicdao - they can no longer be given credence to establish respondent Nicdao's civil liability to petitioner Ching. Such civil liability, therefore, must be established by preponderant evidence other than the discredited checks.