ANAMA vs COURT OF APPEALS and PSBANK

22 01 2012

Read case digest here.

Republic of the Philippines
SUPREME COURT
Manila Read the rest of this entry »





CARRASCOSO vs COURT OF APPEALS

22 01 2012

Read case digest here.

Republic of the Philippines

Supreme Court

Manila  Read the rest of this entry »





KEPPEL vs ADAO

19 11 2011

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Republic of the Philippines
SUPREME COURT

FIRST DIVISION Read the rest of this entry »





URSAL vs CA

11 09 2011

Read case digest here.

Republic of the Philippines
SUPREME COURT
Manila

SECOND DIVISION

 

 

 

WINIFREDA URSAL,   G.R. No. 142411
                                       Petitioner,    
    Present:
     
       PUNO, Chairman, 

- versus -

     AUSTRIA-MARTINEZ,

     CALLEJO, SR.,
       TINGA, and
       CHICO-NAZARIO, JJ.
     
COURT OF APPEALS, THE RURAL BANK OF LARENA (SIQUIJOR), INC. and SPOUSES JESUS MONESET and CRISTITA MONESET,    

 

Promulgated:

                                       Respondents.      October 14, 2005

 

x – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - -  x

 

 
D E C I S I O N

 

 

AUSTRIA-MARTINEZ, J.:

 

 

          Before us is a petition for review on certiorari under Rule 45 of the Rules of Court seeking the reversal of the Decision[1] of the Court of Appeals (CA) dated June 28, 1999 and the Resolution dated January 31, 2000 denying petitioner’s motion for reconsideration.[2]

 

These are the facts:

 

 

The spouses Jesus and Cristita Moneset (Monesets) are the registered owners of a 333-square meter land together with a house thereon situated at Sitio Laguna, Basak, Cebu City covered by Transfer Certificate of Title No. 78374.[3]  On January 9, 1985, they executed a “Contract to Sell Lot & House” in favor of petitioner Winifreda Ursal (Ursal), with the following terms and conditions:

 

 

 

That the VENDOR (Cristita R. Moneset) offers to SELL and the VENDEE accepts to BUY at the agreed lump sum price of P130,000.00 payable on the installment basis as follows:

 

1.      That on the date of the signing of this agreement, the VENDEE will tender an earnest money or downpayment of P50,000.00 to the VENDOR, and by these presents, the latter hereby acknowledges receipt of said amount from the former;

 

2.      That the balance of the selling price of P80,000.00 shall be paid by the VENDEE to the VENDOR in equal monthly installments of P3,000.00 starting the month of February, 1985, until said balance of the selling price shall be fully paid;

 

3.      That if the VENDEE shall fail or in default to pay six (6) monthly installments to the VENDOR the herein agreement is deemed cancelled, terminated and/or rescinded and in such event, the VENDEE (sic) binds to refund to the VENDOR (sic) the deposit of P50,000.00 and with the latter’s (sic) obligation to pay the former (sic) as a corresponding refund for cost of improvements made in the premises by VENDEE;

 

4.      That on the date of receipt of the downpayment of P50,000.00 by the VENDOR, it is mutually agreed for VENDEE to occupy and take physical possession of the premises as well as for the latter (VENDEE) to keep and hold in possession the corresponding transfer certificate of title No. ______ of the land in question which is the subject of this agreement;

READ THE REST OF THE CASE HERE





PORTIC vs CRISTOBAL

11 09 2011

Read case digest here.

Republic of the Philippines
SUPREME COURT
Manila

THIRD DIVISION

Spouses RICARDO and                        G.R. No.  156171

FERMA PORTIC,

                       Petitioners,                       Present:

                                                                  

                                                                       Panganiban, J.,      

                                                                                Chairman,

                                                                       Sandoval-Gutierrez,

              – versus -                                         Corona,

                                                                       Carpio Morales, and

                                                                       Garcia, JJ

                                                                  

                                                                   Promulgated:

ANASTACIA CRISTOBAL,                 

                           Respondent.                 April 22, 2005

x  — – — – — – — – — – — – — – — – — – — – — – — – — – –  x

 

DECISION

 

 

PANGANIBAN, J.:

 

 An agreement in which ownership is reserved in the vendor and is not to pass to the vendee until full payment of the purchase price is known as a contract to sell.  The absence of full payment suspends the vendors’ obligation to convey title.  This principle holds true between the parties, even if the sale has already been registered.  Registration does not vest, but merely serves as evidence of, title to a particular property.  Our land registration laws do not give title holders any better ownership than what they actually had prior to registration.  

The Case

Before us is a Petition for Review[1] under Rule 45 of the Rules of Court, challenging the January 29, 2002 Decision[2] and the November 18, 2002 Resolution[3] of the Court of Appeals (CA) in CA-GR CV No. 66393.  The assailed Decision disposed as follows:

 

“WHEREFORE, foregoing considered, the appealed decision is hereby REVERSED and SET ASIDE.  A new one is hereby entered ORDERING defendant-appellant to pay the unpaid balance of P55,000.00 plus legal interest of 6% per annum counted from the filing of this case.  The ownership of defendant-appellant over the subject property is hereby confirmed.

READ THE REST OF THE CASE HERE








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