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Tuesday, July 1, 2014

De Leon vs Ong

GR No. 170405 February 2, 2010

Facts:
De Leon sold 3 parcels of land to Ong. The properties were mortgaged to Real Savings and Loan
Association. The parties executed a notarized deed of absolute sale with assumption of mortgage.
The deed of Assumption of mortgage shall be executed in favor of Ong after the payment of 415K.
Ong complied with it. De Leon handed the keys of to Ong and informed the loan company that the
mortgage has been assumed by Ong. Ong made some improvements in the property. After Blog Archive
sometime, Ong learned that the properties were sold to Viloria and changed the locks to it. Ong went
2014 (17)
to the mortgage company and learned that the mortgage was already paid and the titles were given
to Viloria. Ong filed a complaint for the nullity of second sale and damages. De Leon contended that July (17)
Ong does not have a cause of action against him because the sale was subject to a condition which Oscar C. Fernandez vs Sps.
requires the approval of the loan company and that he and Ong only entered a contract to sell. Carlos and Narcisa Taru...
Ting Ho vs Teng Gui
Issue:
Mapalo vs Mapalo
Whether or not the parties entered into a contract of sale
Penalosa vs Santos
Mccullough vs Aenille & Co.
Ruling:
Toyota Shaw vs CA
Yes, the parties entered into a contract of sale. In a contract of sale, the seller conveys ownership of
the property to the buyer upon the perfection of the contract. The non-payment of the price is Sps. Bernardo Buenaventora and
a negative resolutory condition. Contract to sell is subject to a positive suspensive condition. The consolacion Joaquin...
buyer does not acquire ownership of the property until he fully pays the purchase price. In the De Leon vs Ong
present case, the deed executed by the parties did not show that the owner intends to reserve
Movido vs Pastor
ownership of the properties. The terms and conditions affected only the manner of payment and not
the immediate transfer of ownership. It was clear that the owner intended a sale because he Celestino vs CIR
unqualifiedly delivered and transferred ownership of the properties to the respondent Inchausti vs Cromwell
Ker and Co., LTD vs Lingad
German Management Services
vs. CA
Spouses Custodio vs. CA
City Government of Quezon vs.
Judge Ericta
Ancheta vs. Guersey-Dalaygon
Faustino Ignacio vs Director of
Lands

Posted by xiongmao bengoshi at 9:19 PM

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