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    Yuson Vs Atty Vitan Dacion en Pags

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    Ven Buenaobra
    Yuson loaned Atty. Vitan 100,000 pesos. To secure the loan, Atty. Vitan executed a Deed of Absolute Sale transferring a parcel of land in Bulacan to Yuson. Yuson was then able to mortgage the property for 30,000 pesos. However, Atty. Vitan did not redeem the property from the mortgage as agreed. The court ruled that the obligation was not extinguished by the transfer as the parties' true intention was to use the property to facilitate payment, not for dation in payment. This was evidenced by a second deed transferring the property back to Atty. Vitan, and an admission that the intent was to convert the property to cash for payment

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    Yuson Vs Atty Vitan Dacion en Pags

    Uploaded by

    Ven Buenaobra
    46 views2 pages
    Yuson loaned Atty. Vitan 100,000 pesos. To secure the loan, Atty. Vitan executed a Deed of Absolute Sale transferring a parcel of land in Bulacan to Yuson. Yuson was then able to mortgage the property for 30,000 pesos. However, Atty. Vitan did not redeem the property from the mortgage as agreed. The court ruled that the obligation was not extinguished by the transfer as the parties' true intention was to use the property to facilitate payment, not for dation in payment. This was evidenced by a second deed transferring the property back to Atty. Vitan, and an admission that the intent was to convert the property to cash for payment

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    yuson vs atty vitan dacion en pags

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    Yuson loaned Atty. Vitan 100,000 pesos. To secure the loan, Atty. Vitan executed a Deed of Absolute Sale transferring a parcel of land in Bulacan to Yuson. Yuson was then able to mortgage the property for 30,000 pesos. However, Atty. Vitan did not redeem the property from the mortgage as agreed. The court ruled that the obligation was not extinguished by the transfer as the parties' true intention was to use the property to facilitate payment, not for dation in payment. This was evidenced by a second deed transferring the property back to Atty. Vitan, and an admission that the intent was to convert the property to cash for payment

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    46 views2 pages

    Yuson Vs Atty Vitan Dacion en Pags

    Uploaded by

    Ven Buenaobra
    Yuson loaned Atty. Vitan 100,000 pesos. To secure the loan, Atty. Vitan executed a Deed of Absolute Sale transferring a parcel of land in Bulacan to Yuson. Yuson was then able to mortgage the property for 30,000 pesos. However, Atty. Vitan did not redeem the property from the mortgage as agreed. The court ruled that the obligation was not extinguished by the transfer as the parties' true intention was to use the property to facilitate payment, not for dation in payment. This was evidenced by a second deed transferring the property back to Atty. Vitan, and an admission that the intent was to convert the property to cash for payment

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    Yuson vs atty vitan

    FACTS: In oct 2002, yuson, a taxi driver received a sum of money by way of
    inheritance. he and his wife were able to purchase a taxi and respondent helped him w/
    legal matters regarding the purchase. Yuson’s other plans were put on hold when atty.
    Vitan borrowed 100,000. To guarantee payment, respondent executed in favor of yuson
    several posdated checks, however., these checkes 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. Vitan’s 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. a tty. Vitan contends
    that his obligation was already extinguished, because he had allegedly sold his Bulacan property to
    complainant.41 Basically, respondent is asserting that what had transpired was a dation in payment.

    Issue: won the obligation of atty vitan was already extinguished because he sold his Bulacan
    property to complainant by way of dation in payment?

    RULING: NO. the obligation was not extinguished.

    According to the law, dation in payment Governed by the law on sales, it is a transaction that takes
    place when a piece of property is alienated to the creditor in satisfaction of a debt in money. 42 It
    involves delivery and transmission of ownership of a thing -- by the debtor to the creditor -- as an
    accepted equivalent of the performance of the obligation. 43 (ARTICLE 1245)

    Herein case, according to the c ourt. The records reveal that he did not really intend to sell and
    relinquish ownership over his property in Sta. Maria, Bulacan, notwithstanding the execution of a
    Deed of Absolute Sale in favor of complainant. The second Deed of Absolute Sale, which
    reconveyed the property to respondent, is proof that he had no such intention. This second Deed,
    which he referred to as his "safety net,"44 betrays his intention to counteract the effects of the first
    one

     It appears that the true intention of the parties was to use the Bulacan property to facilitate payment.
    They only made it appear that the title had been transferred to complainant to authorize him to sell
    or mortgage the property.45 Atty. Vitan himself admitted in his letter dated July 30, 2004, that their
    intention was to convert the property into cash, so that payment could be obtained by complainant
    and the excess returned to respondent.46 The records, however, do not show that the proceeds
    derived were sufficient to discharge the obligation of the lawyer fully; thus, he is still liable to the
    extent of the deficiency

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