5 Ramos appealed to CFI he was sentenced to pay Martinez the estate of Julian

5 ramos appealed to cfi he was sentenced to pay

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5. Ramos appealed to CFI – he was sentenced to pay Martinez, the estate of Julian being absolved. Issue: WON the loan was a personal loan. YES Art. 1953 – One who receives as a loan money or other fungible thing, acquires ownership thereof and is bound to return to his creditor an equal amount of the same kind and quality. Art. 1091 – obligation arising from contracts have legal force between the contracting parties and must be fulfilled in accordance with their stipulations. Instrument of the obligation - It was specifically stated that Ramos “will return within 3 years” the money. - The contract insists that Ramos and NOBODY ELESE, will return the money to Martinez - The note stated: o “I have received from Pedro Martinez one thousand nine hundred pesos as a loan without interest, which I will return within 3 years, and I sign.” - Pursuant to contract law – obligations arising from contracts have legal force between the parties and must be fulfilled with their stipulations. o The force of law of contracts cannot be extended to parties who do not intervene therein Art. 1956 Tan v Valdehueza 1. This case involves 2 causes of action instituted by Tan against Valdehueza siblings. a. First action – declaration of ownerhisp and recovery possession of a parcel of land i. This land was bought by Tan in a public action sale where the she was the highest bidder. ii. A certificate of Sale was executed in Court has pronounced that the imposition of interest on the lots had no legal basis. Art. 1956 states that no interst shall be due unless it has been stipulated in writing. Both lots were equitable mortgages - Old Civil Code – states that the registration of the land us a requisite for the validity of the mortgage as between the parties, but the new civil code no need - Since the Valdehueza’s remained in possession of the land and paid their realty tax, the contracts are NOT pacto de tro but are equitable mortgages, 1
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Tan’s favor. iii. Due to the failure of Valdehueza’s to redeem the land within 1 year, an absolute Deed of Sale was issued to Tan b. Second Action – consolidation of ownership of 2 portions of another parcel of unregistered land i. It was alleged that this land was sold to Lucia thorugh 2 documents of deed of pacto de retro sale by Valdehueza’s in favor of Tan. ii. One was registered in the Registry of Deeds iii. Valdehueza’s retained possession over the land and paid for its land taxes 2. Trial court – declared that Tan was the absolute owner of the property in the first cause of action a. Ordered Valdehueza’s to solidarily pay Tan with PHP 1,200 with 6% legal interest from the registered land and PHP 300 with 6% legal interest for the unregistered land. 3. 2 nd Cause of Action - since the Valdehueza’s remained in possession of the land and paid their realty tax, the contracts are NOT pacto de tro but are equitable mortgages, whether registered or not, being no third parties are involved.
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