Documenti di Didattica
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VITAN
A.C. No. 6955, July 27, 2006
FACTS:
In October 2002, Mar Yuson who was a taxi driver and
had 8 children, received a sum of money by way of
inheritance. He and his wife intended to use the money
for several purposes.
When they were able to purchase a secondhand taxi,
and Atty. Vitan helped him with legal matters regarding
the purchase. Unfortunately, Yusons other plans were
put on hold when Atty. Vitan borrowed P100, 000 from
them in December 2002. To guarantee payment, Atty.
Vitan executed in favor of Yuson several postdated
checks to over the loaned amount, but however, these
turned out to be worthless.
Yuson maintained that he had repeatedly tried to recover
the debt, but was unsuccessful every time. When no
payment was still made pursuant to the administrative
case against Atty. Vitan, Yuson demanded a collateral to
secure the loan. Thus, in his favor, Atty. Vitan executed a
document denominated as a Deed of Absolute Sale,
covering Atty. Vitans parcel of land located in Sta. Maria,
Bulacan. According to Yuson, their intention was to
transfer the title of the property to him temporarily, so
that he could either sell or mortgage the said land.
Further, if it was mortgaged, Atty. Vitan would redeem it
as partial or full payment of the loan. Allegedly, the
parties executed another Deed of Absolute Sale in favor
of Atty. Vitan wherein Yuson was vendor. The purpose
for this was not explained by either party.
Yuson was able to mortgage the property for P30,000
but contrary to their earlier agreement, Atty. Vita did not
redeem it from the mortgage, sent a letter instead,
promising Yuson to pay on or before July 12, 2004.
In the IBP-NCLA, Atty. Vitan averred that he had settled
his obligation through a Deed of Absolute Sale over his
residential property. The purpose of such was for Yuson
to use, mortgage, or sell the property and return to him
the excess of the proceeds after obtaining his money.
Additionally, he called the second document as a
Counter Deed of Sale, executed to be sort of a
collateral/security for the account of his liaison officer
Estur, whom he alleged that she was the one who
incurred said debts.
ISSUE: W/N Atty. Vitans obligation was extinguished
by virtue of the first Deed of Absolute Sale
HELD:
NO.
Atty. Vitan contends that his obligation was already
extinguished, because he had allegedly sold his Bulacan
property to complainant. Basically, he is asserting that