LORENZO WILLY VS. REMEDIOS F. JULIAN
G.R. No. 207051. December 01, 2021
FACTS:
Modesto owned an unregistered land. Modesto executed a written agreement
conveying portions of the subject property to three individuals namely Jularbal,
Catbagen and Dongpaen. Later, on various dates, a series of sale transactions
occurred among Modesto, Dongpaen, and Ricardo for the sale of Lots 1 and 2 to
Ricardo. Pursuant to an arrangement with Modesto and his son, Lorenzo, who
offered to cultivate Ricardo's portion of the subject property, Ricardo saw no
need to occupy Lots 1 and 2, and simply allowed Lorenzo's possession
thereof. Later, upon learning that petitioners had attempted to sell even
his portion of the subject property, Ricardo began resorting to administrative
remedies. Consequently, Ricardo filed a Civil Case complaint for Partition of
Property and Damages. The MCTC ruled in favor of Ricardo. The RTC reversed the
MCTC decision. The CA affirmed the MCTC ruling.
ISSUE:
Whether
the sale transactions among Modesto, Dongpaen, and Ricardo, covered by three
Deeds of Sales, validly conveyed to Ricardo Lots 1 and 2 of the subject
property.
RULING:
Yes. The SC held that the series of transfers among Modesto, Dongpaen
and Ricardo were valid conveyances; the deeds of sale were fully executed by
the parties. The agreement is not purely a sales contract; it is an innominate
contract reflecting a sales contract, a contract of agency to sell the subject
property; and contract to transfer ownership of property in exchange for
services. Article 1483 of the Civil Code states that "subject to the
provisions of the Statute of Frauds and of any other applicable
statute, a contract of sale may be made in writing, or by word of mouth, or
partly in writing and partly by word of mouth or may be inferred from the
conduct of the parties."
The Agreement between Modesto, as seller on one hand,
and three individuals, as buyers, on the other hand, contained all the
essential terms of the agreement between the parties. More
importantly, all the requisites of a contract are reflected therein: (a)
consent of the parties; (b) subject matter of the contract; and (c)
consideration.
0 yorum:
Post a Comment
Thank you so much for visiting. God bless you and your family always.