May 4, 1989
Ponente: Padilla, J.
FACTS:
Land is owned by petitioners Vallangca. Anna Vallangca, widow of Fortunato Vallangca, mortgaged the disputed property to her cousin Nazario Rabenas (private respondent). At the time of said mortgage, the land was already mortgaged to PNB. After the Pacific War, Nazario went to the residence of Anna and made her sign an absolute deed of sale.
Anna being illiterate and trusted her cousin affixed her signature on the document. Later, Anna was informed by a cousin that the document she signed was actually a deed of sale. Anna and her son Benjamin went to Rabenas to tender the 800 loan amount and redeedmed the land but Rabenas told them that the land could no longer be redeemed and drove them away.
RULING:
The SC ruled in favor of Anna.
Since the Public Land Law is silent as to the form and manner in which the right repurchase may be exercised, any act which amounts to a demand for reconveyance should be sufficient.
It is worth noting that private respondents did not refute petitioner's averment that Anna, together with her son Benjamin, went to Rabenas' residence in 1946 to redeem the property and tendered to him the amount of P800 in PH currency, but the latter made a statement that the land could no longer be redeemed. By Anna's act of tendering to Rabenas the P800, she had in effect exercised her right to repurchase.
