HEIRS OF HERMINIO MARQUEZ represented by ALMA MARQUEZ vs. HEIRS OF EPIFANIA HERNANDEZ

 HEIRS OF HERMINIO MARQUEZ represented by ALMA MARQUEZ vs. HEIRS OF EPIFANIA HERNANDEZ         

G.R. No. 236826. March 23, 2022

FACTS:

Herminio sold to Epifania a parcel of land. Epifania undertook to pay the total price within the year. If Epifania failed to comply with the terms, the sale agreement would be considered or treated as a lease contract. Epifania made an initial payment of P 2,000.00. Respondents later received from Alma Marquez demand letters to vacate the premises of the subject property. It appears that Marquez and Herminio executed an Extrajudicial Settlement of Estate with Waiver of Rights whereby Herminio waived all his rights, interest and participation over the property wherein sold property to Epifania was located in favor of Marquez. Herminio allegedly refused to execute a deed of absolute sale over the subject property in favor of Epifania. Thus, respondents' complaint for specific performance against Herminio. Marquez was later impleaded. Petitioners alleged that Epifania reneged on her obligation to complete payment of the purchase price hence their initial agreement became one of lease, and not a contract of sale. The RTC ruled in favor of petitioners and was upheld by the CA.

ISSUE:

          Whether there is a valid contract of sale.

RULING:

          Yes. The SC ruled that there was a valid contract of sale between Herminio and Epifania. The SC agreed with the findings of the RTC that the parties' contract was consummated when Herminio accepted the initial payment of P2,000.00 from Epifania on October 23, 1985. Too, Herminio transferred his ownership over the questioned portion of the property when he allowed Epifania and her heirs to continue their occupation thereof consequent to their agreement. Ownership of the thing sold shall be transferred to the vendee upon the actual or constructive delivery thereof. The thing is understood as delivered when it is placed in the control and possession of the vendee. Ergo, and even assuming, for the sake of argument that there is no full satisfaction of the stipulated purchase price, the actual turn-over of the possession of the property renders the contract consummated, albeit partially. This is true since the payment of the purchase price is not essential to the transfer of ownership as long as the property sold has been delivered; and such delivery (traditio) operated to divest the vendor of title to the property which may not be regained or recovered until and unless the contract is resolved or rescinded in accordance with law. The Register of Deeds was ordered to issue separate titles in the name of Epifania Hernandez and Alma Marie Marquez.