Suntay vs. CA Case Digest
Suntay vs. CA Case Digest
CA
NATURE
Petition for Review on Certiorari of the Amended Decision
of respondent Court of Appeals and of its Resolution
denying petitioner's motion for reconsideration.
FACTS
- Federico Suntay is a wealthy land owner and rice miller
from Bulacan. He owned a 5,118 square-meter land in
Bulacan. On it was a rica mill, a warehouse and other
improvements.
- Federico applied as a miller-contractor of the then
National Rice and Com Corporation (NARIC). His
application was prepared by his nephew lawyer Rafael
Suntay. But it was disapproved because at that time he
was tied up w/ several unpaid loans.
- For purposes of circumvention, he had thought of
allowing Rafael to make the application for him. Rafael
prepared an absolute deed of sale whereby Federico, for
and in consideration of P20, 000.00 conveyed to Rafael
said parcel of land with all its existing structures.
- Federico claims that the sale was merely
fictitious/simulated and has been executed only for
purposes of accommodation.
- Less than three months after this conveyance, Rafael
sold it back to Federico for the same amount of P20,000.
It was notarized by Atty. Herminio V. Flores.
- However, the said document was not the said deed of
sale but a certain "real estate mortgage of a parcel of
land to secure a loan of P3,500.00 in favor of the
Hagonoy Rural Bank. It could not be found in the notarial
register as well
- Federico through his new counsel requested that Rafael
have TCT No. T-36714 so that he can have the counter