CASE 2013-0030: MODESTO SANCHEZ, PETITIONER, – VERSUS – ANDREW SANCHEZ, (G.R. NO. 187661, 04 DEC 2013, PEREZ, J.) SUBJECT/S: LACHES; PRESCRIPTION; DISMISSAL BASED ON PLEADINGS; WHEN TRIAL IS NECESSARY. (BRIEF TITLE: SANCHEZ VS. SANCHEZ)
DISPOSITIVE:
“WHEREFORE, in light of the foregoing, we resolve to DENY the instant petition. The 16 July 2008 Decision of the Court of Appeals is AFFIRMED. The case is REMANDED to the Regional Trial Court of Manila, Branch 39 for trial and judgment on the merits.
SO ORDERED.”
SUBJECTS/DOCTRINES/DIGEST:
ANDREW FILED A CASE FOR ANNULMENT OF A DEED OF SALE HE EXECUTED CONVEYING A PARCEL OF LAND TO HIS BROTHER MODESTO ON GROUND THAT THE PRICE WAS NOT PAID. MODESTO FILED A MOTION TO DISMISS ON GROUND OF LACHES AND PRESCRIPTION. RTC DISMISSED THE CASE ON THE BASIS OF THE PLEADINGS SUBMITTED. CA REVERSED RTC ON GROUND THAT THERE IS NEED FOR TRIAL TO DETERMINE THE FACTS AND ORDERED THAT CASE BE REMANDED TO RTC FOR TRIAL. WAS CA CORRECT?
YES.
FIRST, WELL SETTLED IS THE RULE THAT THE ELEMENTS OF LACHES MUST BE PROVEN POSITIVELY.
“Laches is evidentiary in nature, a fact that cannot be established by mere allegations in the pleadings and cannot be resolved in a motion to dismiss. At this stage therefore, the dismissal of the complaint on the ground of laches is premature. Those issues must be resolved at the trial of the case on the merits, wherein both parties will be given ample opportunity to prove their respective claims and defenses.”
SECOND, THE AFFIRMATIVE DEFENSE OF PRESCRIPTION DOES NOT AUTOMATICALLY WARRANT THE DISMISSAL OF A COMPLAINT UNDER RULE 16 OF THE RULES OF CIVIL PROCEDURE.
“An allegation of prescription can effectively be used in a motion to dismiss only when the complaint on its face shows that indeed the action has already prescribed. If the issue of prescription is one involving evidentiary matters requiring a full-blown trial on the merits, it cannot be determined in a motion to dismiss.
Those issues must be resolved at the trial of the case on the merits wherein both parties will be given ample opportunity to prove their respective claims and defenses.”
THIRD, BOTH PARTIES DENIED EACH OTHER’S ALLEGATIONS. AN OUTRIGHT DISMISSAL OF A CASE IS NOT PROPER WHEN THERE ARE FACTUAL MATTERS IN DISPUTE.
“It is then but logical to review more evidence on disputed matters. On this score alone, it is apparent that the complaint on its face does not readily show that the action has already prescribed. We emphasize once more that a summary or outright dismissal of an action is not proper where there are factual matters in dispute, which require
presentation and appreciation of evidence.”
FOURTH, THE STATEMENT “transaction did not push through since defendant did not have the financial wherewithal to purchase the subject property” ALLOWS FOR SEVERAL DIFFERENT INTERPRETATIONS. IN ONE INTERPRETATION, PRESCRIPTION APPLIES. IN ANOTHER INTERPRETATION, IT DOES NOT.
SUPPOSE IT IS TRUE THAT THE CONTRACT PRICE WAS NOT PAID. IS THE ANNULMENT OF THE DEED OF SALE SUBJECT TO PRESCRIPTION?
NO BECAUSE THE CONTRACT IS VOID AND CONSEQUENTLY, THE RIGHT TO CHALLENGE SUCH CONTRACT IS IMPRESCRIPTIBLE.
“The ruling of this Court in Montecillo v. Reynes supports this argument:
“Where the deed of sale states that the purchase price has been paid but in fact has never been paid, the deed of sale is null and void ab initio for lack of consideration.”
Such ruling of the Court would mean that when the deed of sale declares that the price has been paid, when in fact it has never been paid, that would be considered as a “badge of simulation” and would render the contract void and consequently, the right to challenge the same is imprescriptible.”
SUPPOSE WHAT ACTUALLY TRANSPIRED WAS A SIMPLE NON-PAYMENT OF PURCHASE PRICE WILL THE DEFENSE OF PRESCRIPTION APPLY?
YES.
THIS WILL NOT INVALIDATE A CONTRACT AND COULD ONLY GIVE RISE TO OTHER LEGAL REMEDIES SUCH AS RESCISSION OR SPECIFIC PERFORMANCE. IN THIS SCENARIO, THE CONTRACT REMAINS VALID AND THEREFORE SUBJECT TO PRESCRIPTION.
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