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Pacto de Retro vs. Mortgage Analysis by Jesse Myl Marcia is a document available to read on EtoBox.

1. The case of Tolentino v. Gonzales involved a contract where Tolentino and Manio sold land to Gonzales, reserving the right to repurchase the land within 5 years. Tolentino argued this was a mortgage, but the court found it was a pacto de retro or conditional sale, making it an absolute sale with the reserved right to repurchase. 2. The court also found the relationship between Tolentino and Gonzales during the redemption period was one of landlord and tenant, not lender and borrower. 3. In Cebu Inter

Author

Jesse Myl Marcia

Language

EN