Spouses Binua vs. Lucia p. Ong).pptx-okkh

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1. SpOUSES VICTOR AND EDNA BINUA vs. LUCIA P. ONG NORLAINIE M. IBRAHIM G.R. No. 207176, June 18, 2014

2. Petitioner Edna was found guilty of Estafa and was sentenced to 6 years and 1 day of prision mayor of imprisonment at the minimum, to 30 years of reclusion perpetua . FACTS: Petitioner wanted to avoid criminal liability by setting her indebtedness through separate real estate mortgages over Petitioner Victor's properties.

3. FACTS: RTC ruled that the presentation of a promissory note novated the original agreement between them into a civil obligation. The petitioners then filed the case for the Declaration of Nullity of Mortgage Contracts, alleging that the mortgage documents were executed under duress as at that time Edna was still suffering from the effects of being convicted and could not have freely entered into said contracts.

4. ISSUE: W/N Edna's consent was vitiated

5. RULING: Article 1390(2 ) of the Civil Code provides that contracts where the consent is vitiated by mistake, violence, intimidation, undue influence or fraud are voidable or annullable Under Art. 1335 of the CC, "there is intimidation when one of the contracting parties is compelled by a reasonable and well-grounded fear of an imminent and grave evil upon his person or property, or upon the person or property of his spouse, descendants or ascendants, to give his consent. 5 Presentation title 20XX No . Pertinent Article: ART. 1390 & 1335 of the CC While it did scare the petitioner, the respondent's act was not unlawful or unjust. Petitioners also failed to show the information used by the respondent in coercing them to sign the mortgage contract.

6. Thank you! NORLAINIE M. IBRAHIM