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    Leano Vs Barredo

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    kimuchos
    In 1979, Manuel and Jocelyn Barredo bought a house and lot in Las Pinas, securing loans from SSS and Apex Mortgage to finance the purchase. In 1987, they sold the property to Eustaquio and Emilda Leano via a conditional deed assuming the mortgages. The Leano's failed to pay the amortizations, prompting the Barredos to settle the loans themselves to protect their credit. The Barredos sued to rescind the sale, winning in trial court but losing on appeal as the loan payments were collateral matters and not the principal consideration.

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    Leano Vs Barredo

    Uploaded by

    kimuchos
    269 views1 page
    In 1979, Manuel and Jocelyn Barredo bought a house and lot in Las Pinas, securing loans from SSS and Apex Mortgage to finance the purchase. In 1987, they sold the property to Eustaquio and Emilda Leano via a conditional deed assuming the mortgages. The Leano's failed to pay the amortizations, prompting the Barredos to settle the loans themselves to protect their credit. The Barredos sued to rescind the sale, winning in trial court but losing on appeal as the loan payments were collateral matters and not the principal consideration.

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    Leano vs Barredo

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    In 1979, Manuel and Jocelyn Barredo bought a house and lot in Las Pinas, securing loans from SSS and Apex Mortgage to finance the purchase. In 1987, they sold the property to Eustaquio and Emilda Leano via a conditional deed assuming the mortgages. The Leano's failed to pay the amortizations, prompting the Barredos to settle the loans themselves to protect their credit. The Barredos sued to rescind the sale, winning in trial court but losing on appeal as the loan payments were collateral matters and not the principal consideration.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as TXT, PDF, TXT or read online from Scribd
    Download as txt, pdf, or txt
    269 views1 page

    Leano Vs Barredo

    Uploaded by

    kimuchos
    In 1979, Manuel and Jocelyn Barredo bought a house and lot in Las Pinas, securing loans from SSS and Apex Mortgage to finance the purchase. In 1987, they sold the property to Eustaquio and Emilda Leano via a conditional deed assuming the mortgages. The Leano's failed to pay the amortizations, prompting the Barredos to settle the loans themselves to protect their credit. The Barredos sued to rescind the sale, winning in trial court but losing on appeal as the loan payments were collateral matters and not the principal consideration.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as TXT, PDF, TXT or read online from Scribd
    Download as txt, pdf, or txt
    of 1

    In 1979, spouses Manuel and Jocelyn with the proceeds of a 50,000 loan pex Mortgage and Loans Corporation.

    rst mortgage over the house and lot pex.

    Barredo bought a house and lot in Las Pinas from SSS and another 88,400 loan from the A To secure the twin loans, they executed a fi in favor of SSS and second one in favor of A

    In 1987, the Barredo spouses sold their house and lot to Eustaquio and Emilda Le ano by way a Conditional Deed of Sale with Assumption of Mortgage. The Leano Spo uses would pay the Barredo Spouses P200,000.00 and would also assume the first a nd second mortgages plus the monthly amortizations to SSS and Apex beginning Jul y 1987 until both are fully paid. The 200,000 was satistified by the Leano spouses, however, the Barredo Spouses i nitiated a complaint before the Regional Trial Court of Las Pias seeking the resc ission of the contract on the ground that the Leao Spouses despite repeated deman ds failed to pay the mortgage amortizations to the SSS and Apex causing the Barr edo Spouses great and irreparable damage. The Leao Spouses, however, answered that they were up-to-date with their amortiza tion payments to Apex but were not able to pay the SSS amortizations because the ir payments were refused upon the instructions of the Barredo Spouses. In order to save their good name, credit standing and reputation, the Barredo S pouses took it upon themselves to settle the mortgage loans and paid the SSS and Apex. The SSS issued a Release of Real Estate Mortgage Loan and Apex likewise i ssued a Certification of Full Payment of Loan. The couple likewise paid the real property taxes for the years 1987 up to 1990. Judgment is was then rendered in favor of the plaintiffs and against the defenda nts by: (1) declaring the Conditional Deed of Sale with Assumption of Mortgage e ntered into by the plaintiffs and the defendants on July 10, 1987, as rescinded and therefore null and void as of this date; (2) ordering the defendants jointly and severally to pay the sum of P15,000.00 as actual and litigation expenses, a nd the sum of P25,000.00 as and by way of attorney s fees; and (3) to pay the cost s. Aggrieved, the Leao Spouses who have turned over the possession of the subject ho use and lot to the Barredo Spouses appealed to the Court of Appeals. On May 21, 2002, the appellate court reversed and set aside the decision of the trial cour t on the ground that the payments of amortization to Apex and SSS were mere coll ateral matters which do not detract from the condition of paying the principal c onsideration.

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