CASE 2016-0058: THELMA RODRIGUEZ, JOINED BY HER HUSBAND VS. SPOUSES JAIME SIOSON (G.R. NO. 199180, 27 JULY 2016, REYES J.) (SUBJECT/S: WHAT IS CONTRACT TO SELL; DOUBLE SALE; CONJUGAL PROPERTY) (BRIEF TITLE: RODRIGUEZ VS. SIOSON)

 

DISPOSITIVE:

 

“WHEREFORE, the petition is DENIED for lack of merit. Accordingly, the Decision dated May 26, 2011 and Resolution dated October 21, 2011 of the Court of Appeals in CA-G.R. CV No. 94867 are AFFIRMED.

 

SO ORDERED”

 

SUBJECTS/DOCTRINES/DIGEST:

 

NERI AND THELMA EXECUTED TWO DEEDS OF SALE OVER A PARCEL OF LAND FOR AN AGREED PRICE. BUT THELMA  ONLY PAID PARTIAL. THEN NERI SOLD THE LAND TO SIOSON. WAS THERE DOUBLE SALE?

 

NO. BECAUSE THE CONTRACT EXECUTED BY NERI AND THELMA WAS MERELY A CONTRACT TO SELL.

 

BUT THE CONTRACT WAS TERMED DEED OF ABSOLUTE SALE. IS THIS NOT EVIDENCE OF SALE?

 

NO.

 

THE REAL CHARACTER OF THE CONTRACT IS NOT THE TITLE GIVEN, BUT THE INTENTION OF THE PARTIES.

 

WHAT IS A CONTRACT TO SELL?

 

IT IS A “BILATERAL CONTRACT WHEREBY THE PROSPECTIVE SELLER, WHILE EXPRESSLY RESERVING THE OWNERSHIP OF THE PROPERTY DESPITE DELIVERY THEREOF TO THE PROSPECTIVE BUYER, BINDS HIMSELF TO SELL THE PROPERTY EXCLUSIVELY TO THE PROSPECTIVE BUYER UPON FULFILLMENT OF THE CONDITION AGREED UPON, I.E., THE FULL PAYMENT OF THE PURCHASE PRICE.”

 

SUPPOSE THERE WERE TWO DEEDS OF SALE OVER SAME PROPERTY WHAT IS THE RULE?

 

IF THE PROPERTY IS MOVABLE PROPERTY THE  THE OWNERSHIP SHALL BE TRANSFERRED TO THE PERSON WHO MAY HAVE FIRST TAKEN POSSESSION THEREOF IN GOOD FAITH.

 

IF IMMOVABLE PROPERTY, THE OWNERSHIP SHALL BELONG TO THE PERSON ACQUIRING IT WHO IN GOOD FAITH FIRST RECORDED IT IN THE REGISTRY OF PROPERTY.

 

SHOULD THERE BE NO INSCRIPTION, THE OWNERSHIP SHALL PERTAIN TO THE PERSON WHO IN GOOD FAITH WAS FIRST IN THE POSSESSION; AND, IN THE ABSENCE THEREOF, TO THE PERSON WHO PRESENTS THE OLDEST TITLE, PROVIDED THERE IS GOOD FAITH.

 

THE DEED OF SALE WAS NOT SIGNED BY VIOLETA, SPOUSE OF NERI. CA SAID THE DEED OF SALE TO THELMA COULD NOT HAVE BEEN VALID. IS CA CORRENT?

 

NO.

 

THIS IS DUE TO THE FOLLOWING REASONS:

 

FIRST, THE SUBJECT PROPERTY, LOT 398-A, IS REGISTERED IN THE NAME OF “NERI DELOS REYES, MARRIED TO VIOLETA LACUATA,” AND SO WAS ITS MOTHER LOT, LOT 398.

 

IN METROPOLITAN BANK AND TRUST COMPANY V. TAN,47 IT WAS HELD THAT SUCH FORM OF REGISTRATION IS DETERMINATIVE OF THE PROPERTY’S NATURE AS PARAPHEMAL. THAT THE ONLY IMPORT OF THE TITLE IS THAT NERI IS THE OWNER OF THE SUBJECT PROPERTY, IT BEING REGISTERED IN HIS NAME ALONE, AND THAT HE IS MARRIED TO VIOLETA;

 

AND SECOND, THE RECORD IS BEREFT OF PROOF THAT SAID PROPERTY WAS ACQUIRED DURING NERI AND VIOLETA’S MARRIAGE -SUCH THAT, THE PRESUMPTION UNDER ARTICLE 116 OF THE FAMILY CODE THAT PROPERTIES ACQUIRED DURING THE MARRIAGE ARE PRESUMED TO BE CONJUGAL CANNOT APPLY.

 

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW.

 

 scd-2016-0058-thelma-rodriguez

 

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