Beruflich Dokumente
Kultur Dokumente
Act No. 3344, as amended, which provides for the system of recording of
transactions over unregistered real estate. Act No. 3344 expressly declares
that any registration made shall be without prejudice to a third party with a
better right.
"[w]here the vendor promises to execute a deed of absolute sale upon the
completion by the vendee of the payment of the price, the contract is only a
contract to sell. The aforecited stipulation shows that the vendors reserved
title to the subject property until full payment of the purchase price."
The principle of primus tempore, potior jure (first in time, stronger in right)
gains greater significance in case of a double sale of immovable property.
When the thing sold twice is an immovable, the one who acquires it and first
records it in the Registry of Property, both made in good faith, shall be
deemed the owner. Verily, the act of registration must be coupled with good
faith— that is, the registrant must have no knowledge of the defect or lack of
title of his vendor or must not have been aware of facts which should have
put him upon such inquiry and investigation as might be necessary to
acquaint him with the defects in the title of his vendor.
As defined by the Civil Code, “[a] contract is a meeting of minds between two
persons whereby one binds himself, with respect to the other, to give
something or to render some service.”For there to be a valid contract, there
must be consent of the contracting parties, an object certain which is the
subject matter of the contract, and cause of the obligation which is
established.
Under Article 1715 of the Civil Code, if the work of a contractor has defects
which destroy or lessen its value or fitness for its ordinary or stipulated use,
he may be required to remove the defect or execute another work. If he fails
to do so, he shall be liable for the expenses by the employer for the
correction of the work.
"The defense of having purchased the property in good faith may be availed
of only where registered land is involved and the buyer had relied in good
faith on the clear title of the registered owner."
The binding effect and enforceability of that earlier dictum can no longer be
re-litigated in a later case since the issue has already been resolved and
finally laid to rest in the earlier case.Reformation of an instrument is a
remedy in equity where a written instrument already executed is allowed by
law to be reformed or construed to express or conform to the real intention
of the parties. The rationale of the doctrine is that it would be unjust and
inequitable to allow the enforcement of a written instrument that does not
express or reflect the real intention of the parties.
The injured party may choose between the fulfillment and the rescission of
the obligation, with the payment of damages in either case. He may also seek
rescission, even after he has chosen fulfillment, if the latter should become
impossible.
The client has the exclusive control of the cause of action on the claim or
demand sued upon, petitioner insists that the filing of the manifestation
reflected the intention of the heirs of respondent to enter into a settlement
with the petitioner.If a contract should contain some stipulation in favor of a
third person, he may demand its fulfillment provided he communicated his
acceptance to the obligor before its revocation. A mere incidental benefit or
interest of a person is not sufficient. The contracting parties must have
clearly and deliberately conferred a favor upon a third person.
The offense of illegal sale of shabu has the following elements: "(1) the
identities of the buyer and the seller, the object and consideration of the
sale; and (2) the delivery of the thing sold and the payment therefor."
The fact that the petitioner had immediately deposited the initial valuation of
the subject landholdings after its taking, the fact remains that up to this
date, the respondent has not yet been fully paid. Thus, the respondent is
entitled to legal interest from the time of the taking of the subject
landholdings until the actual payment in order to place it in a position as
good as, but not better than, the position that it was in before the taking
occurred. The imposition of such interest is to compensate the respondent for
the income it would have made had it been properly compensated for the
properties at the time of the taking.
The rule on real parties in interest has two (2) requirements, namely: (a) to
institute an action, the plaintiff must be the real party in interest; and (b) the
action must be prosecuted in the name of the real party in interest. the
purposes of this provision are 1) to prevent the prosecution of actions by
persons without any right, title or interest in the case; 2) to require that the
actual party entitled to legal relief be the one to prosecute the action; 3) to
avoid multiplicity of suits; and 4) discourage litigation and keep it within
certain bounds, pursuant to public policy.
Article 2088 of the Civil Code prohibits the creditor from appropriating the
things given by way of pledge or mortgage, or from disposing of them; any
stipulation to the contrary is null and void. The elements for pactum
commissorium to exist are as follows, to wit: (a) that there should be a
pledge or mortgage wherein property is pledged or mortgaged by way of
security for the payment of the principal obligation; and (b) that there should
be a stipulation for an automatic appropriation by the creditor of the thing
pledged or mortgaged in the event of non-payment of the principal obligation
within the stipulated period.In a sale, the contract is perfected at the moment
when the seller obligates herself to deliver and to transfer ownership of a
thing or right to the buyer for a price certain, as to which the latter agrees.
ROGELIA R. GATAN AND THE HEIRS OF BERNARDINO GATAN,
NAMELY: RIZALINO GATAN AND FERDINAND GATAN v. JESUSA
VINARAO, AND SPOUSES MILDRED CABAUATAN AND NOMAR
CABAUATAN
It bears to stress that the questioned Deed of Absolute Sale is one that was
acknowledged before a Notary Public. It is well-settled that a document
acknowledged before a Notary Public is a public document that enjoys the
presumption of regularity. It is a prima facie evidence of the truth of the facts
stated therein and a conclusive presumption of its existence and due
execution.