Dear PAO,
Ando claimed my parents (deceased) sold a certain land to him with a right to repurchase. However, my older siblings claimed my parents entered into a contract of loan with mortgage with Ando because they were in dire need of money. Ando never occupied the land, and he never registered the alleged deed of sale. Which should prevail, the contract of loan with mortgage or alleged sale of the land as claimed by Ando?
Jino
Dear Jino,
Your legal concern is governed by Article 1602 of the New Civil Code of the Philippines which states:
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