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SPOUSES DELFIN O. TUMIBAY and AURORA T.

ISSUE RULING/HELD
TUMIBAY-deceased; GRACE JULIE ANN TUMIBAY
MANUEL
FACTS
Whether the Yes. Petitioners continued to receive four monthly installments even after the premature titling of the subject land in the name of
Petitioners alleged that they are the owners of a parcel of actuations of respondent Rowena, through the deed of sale dated July 23, 1997, did not, by itself, establish that petitioners ratified such sale. On the
land located in Sumpong, Malaybalay, Bukidnon covered petitioner Aurora in contrary, the fact that petitioners continued to receive the aforesaid monthly installments tended to establish that they had yet to discover
by TCT No. T-25334 in the name of petitioner Aurora; that receiving money the covert transfer of title in the name of respondent Rowena. As stated earlier, the evidence on record established that the subject sale
they are natural born Filipino citizens but petitioner Delfin
from respondent was done without petitioners knowledge and consent which would explain why receipt or acceptance by petitioners of the
acquired American citizenship while his wife, petitioner
Rowena amounted aforementioned four monthly installments still occurred. Further, it runs contrary to common human experience and reason that
Aurora, remained a Filipino citizen; that petitioner Aurora is
the sister of ReynaldaVisitacion (Reynalda);that on July 23,
to the ratification of petitioners, as sellers, would forego the reservation or retention of the ownership over the subject land, which was intended to guarantee
1997, Reynalda sold the subject land to her daughter, the breach in the the full payment of the price under the contract to sell, especially so in this case where respondent Rowena, as buyer, had paid only
Rowena Gay T. Visitacion Lopez (respondent Rowena), exercise of the 32.58% of the purchase price. In a contract to sell, it would be unusual for the seller to consent to the transfer of ownership of the
through a deed of sale for an unconscionable amount SPA. property to the buyer prior to the full payment of the purchase price because the reservation of the ownership in the seller is precisely
of P95,000.00 although said property had a market value intended to protect the seller from the buyer. We, therefore, find that petitioners claim that they did not ratify the subject sale, which was
of more than P2,000,000.00; that the subject sale was done without their knowledge and consent, and that the subsequent discovery of the aforesaid fraudulent sale led them to promptly file
done without the knowledge and consent of petitioners; Whether the CA this case with the courts to be more credible and in accord with the evidence on record. To rule otherwise would be to reward respondent
and that, for these fraudulent acts, respondents should be erred in not Rowena for the fraud that she committed on petitioners.
held liable for damages. Petitioners prayed that (1) the declaring the sale
deed of sale dated July 23, 1997 be declared void ab initio,
void on grounds of The Court held that (1) Reynalda, as agent, acted beyond the scope of her authority under the SPA when she executed the deed of sale
(2) the subject land be reconveyed to petitioners, and (3)
public policy. dated July 23, 1997 in favor of respondent Rowena, as buyer, without the knowledge and consent of petitioners, and conveyed the
respondents be ordered to pay damages.
subject land to respondent Rowena at a price not approved by petitioners, as principals and sellers, (2) respondent Rowena was aware
of the limits of the authority of Reynalda under the SPA, and (3) petitioners did not ratify, impliedly or expressly, the acts of Reynalda.
Under Article 1898 of the Civil Code, the sale is void and petitioners are, thus, entitled to the reconveyance of the subject land.