Petitioner & his mother obtained loan with Unicapital for 18M. The loans were secured by real estate mortgage wherein the title is under the name of “de la Cruz”. Half of the property was purchased by Unicapital & other half was purchased by Plant Builders. However before they can finally develop the property, they found out that the title is spurious. Unicapital demanded for the return of the payment, but petitioner ignored the demand.
Consing filed a civil case in RTC Pasig for injunctive relief, thereby seeking to enjoin Unicapital from proceeding against him for the collection of the P41,377,851.48 on the ground that he had acted as a mere agent of his mother.