4/3/2019 TORCUATOR vs. BERNABE G.R. No.

134219, June 08, 2005 – Antazo Study Guide

Antazo Study Guide

"Happy to Serve!" – SM Hypermarket

TORCUATOR vs. BERNABE G.R. No. 134219, June 08, 2005

Facts: The subject of this action is Lot 17, Block 5 of the Ayala Alabang Village, Muntinlupa, Metro-Manila, The lower court found
that the above parcel of land was purchased by the Salvadors, from the developers of Ayala Alabang subject  to Conditions. The
Salvadors sold the parcel of land to the Defendant. The Defendant, on the other hand, without making any improvement,
contracted to sell the parcel of land to the Plainti who  thereafter had the plans of their house prepared and o ered to pay the
Bernabes for the land upon delivery of the sale contract. For one reason or another, the deed of sale was never consummated nor
was payment on the said sale ever e ected. Subseuqently, the Defendant sold the subject land to another. As a result, the
Torcuators commenced the instant action against the Bernabes and Salvadors for Speci c Performance or Rescission with
Damages.

Issue: Whether the Contract entered by the parties was a Contract to Sell?

Held: Yes, The di erences between a contract to sell and a contract of sale is that in a contract of sale, title passes to the buyer
upon delivery of the thing sold, while in a contract to sell, ownership is reserved in the seller and is not to pass until the full
payment of the purchase price is made. In the rst case, non-payment of the price is a negative resolutory condition; in the
second case, full payment is a positive suspensive condition. Being contraries, their e ect in law cannot be identical. In the rst
case, the vendor has lost and cannot recover the ownership of the land sold until and unless the contract of sale is itself resolved
and set aside. In the second case, however, the title remains in the vendor if the vendee does not comply with the condition
precedent of making payment at the time speci ed in the contract.

Advertisements

REP ORT T H I S AD REP ORT T H I S AD

Share this:

 Twitter  Facebook

Like
2 bloggers like this.

Related

Ramos vs Heruela

https://adrianantazo.wordpress.com/2018/08/19/torcuator-vs-bernabe-g-r-no-134219-june-08-2005/ 1/2
4/3/2019 TORCUATOR vs. BERNABE G.R. No. 134219, June 08, 2005 – Antazo Study Guide
Facts: The spouses Gomer and Leonor Ramos ("spouses Ramos") own a parcel of land, consisting of 1,883 square meters, covered by Transfer Certi cate of Title
("TCT") No. 16535 of the Register of Deeds of Cagayan de Oro City. On 18 February 1980, the spouses Ramos made an agreement with the…

In "Sales"

Gerardino, Sr. vs. CFI Capiz Br. III, 80 SCRA 646

FACTS:On July 12, 1966, Jovito Gloria, instituted against Rosario Artuz Civil Case No. M-79 in the Court of First Instance of Capiz for consolidation of ownership of a
parcel of
land.The

complaint stated that on October 10, 1964 Rosario Artuz executed in favor of Jovito Gloria a deed of sale…

In "Sales"

Luneta Motor v. Salvador, 108 Phil 1037

Facts: On May 11, 1955, the Luneta Motor Company sold a Reo Truck, for P16,995.00, on installment basis, to Maximino Salvador. Five days later, after having made a
down payment of P1,001.00, the purchaser, jointly and severally with one Angel Dimagiba, executed in favor of the seller a promissory for…

In "Sales"

Antazo Study Guide / Create a free website or blog at WordPress.com.

https://adrianantazo.wordpress.com/2018/08/19/torcuator-vs-bernabe-g-r-no-134219-june-08-2005/ 2/2