REPUBLIC OF THE PHILIPPINES

SUPREME COURT
City of Manila

ABIGAIL SOL MENDOZA,

Petitioner,

G.R. NO. 4455

-versus-
For: Breach of Contract

MIGUEL RAMONKITO MENDOZA,

Respondent.
x------------------------------------------------------------x

PETITION FOR REVIEW ON CERTIORARI

COMES NOW the Petitioner, through the undersigned counsel, and

unto this Honorable Court, respectfully avers that:

1. The petitioner is Ms. Abigail Sol Mendoza, of legal age, Filipino,

and presently residing at, Camia St., Barangay Comembo, Makati City,
while the respondent Miguel Ramonkito Mendoza is also of legal age and
resident of Ilang-ilang St., Barangay Comembo, Makati City;

2. The following, in brief, are facts of the case:

SUMMARY STATEMENT OF FACTS

The following factual backgrounds and proceedings are as follows:

1. Sometime on 30 June 2019, The parties herein were executed a

notarized contract of sale wherein the defendant was supposed to sell to the
petitioner her collection of Hello Kitty and Keroppi Japanese collector’s
items amounting to approximately Two Hundred Fifty Thousand Pesos (PhP
250,000.00). Attached herewith is the copy of the Notarized Contract of Sale
dated June 30, 2019 marked as Annex “A”;

2. Upon execution of the contract, respondent gave the petitioner a

down payment in the amount of One Hundred Thousand Pesos (PhP
100,000.00). Attached herewith is the copy of the Acknowledgment Receipt
marked as Annex “B”;

3. However, two days before the agreed delivery time, petitioner had a
sudden change of heart and decided to tell the respondent that she is not
interested in selling the items anymore;

1
 4. He resented her decision since the latter contracted to sell the
subject items in favor of Monico Aggabao, Jr. Attached herewith is the
Contract to Sell marked as Annex “C”;

5. The parties herein had set up their personal confrontation before the
Lupon Chairman. However, no conciliation or amicable settlement has been
reached as certified by the Lupon Secretary as attested to by the Lupon
Chairman but the settlement has been proved futile. Attached herewith is the
copy of the Certification to File Action as Annex “D”;

6. The respondent filed a Complaint dated 24 September 2019 at

Manila Regional Trial Court Branch 1. Attached is the copy of the
Complaint marked as Annex “E”;

7. In her Answer dated 27 September 2019 she averred that the

defendant decided not to deliver the things because she has the right to
rescind the contract, as clearly provided for under Article 1191 of the New
Civil Code of the Philippines;

8. The Branch 1 Regional Trial Court of Manila ruled in favor Miguel

Ramonkito Mendoza. It ruled that there is a perfected contract of sale
between Miguel and Abigail. Attached herewith is the copy of the Decision
dated 26 October 2019 marked as Annex “F”;

9. The herein petitioner filed before Court of Appeals after filing a

Notice of Appeal to the Regional Trial Court where it was decided. Attached
herewith is the copy of the Notice of Appeal dated 27 November 2019
marked as Annex “G”;

10. Court of Appeals affirmed RTC Decision; and

11. Petitioner filed this instant petition for review under Rule 45 of the
1997 Rules of Civil Procedure.

ISSUES RAISED

The following assignment of error had been made in the Court Of

Appeals, To Wit: the court a quo gravely erred under the law, when it ruled
that petitioner breached the contract of sale applying Article 1458 and
Article 1482 of the civil code.

DISCUSSION

Article 1458 of the Civil Code of the Philippines states:

2
 By the contract of sale one of the contracting parties
obligates himself to transfer the ownership and to deliver a
determinate thing, and the other to pay therefore a price
certain in money or its equivalent. A contract of sale may be
absolute or conditional.

Based on the records submitted, the herein respondent

was fully informed that the contract will no longer push
through. From that point, the petitioner’s obligation to
transfer the ownership and to deliver the collector’s items no
longer exist. The acceptance of the respondent when the
down payment was returned to him was sufficient proof that
he understood the nature of agreement that the he and the
petitioner entered into.

Art. 1482 of the Civil Code defined Earnest Money as:

Whenever earnest money is given in a contract of sale, it

shall be considered as part of the price and as a proof of the
perfection of the contract.

True enough that the down payment was considered as part of the
price of the collector’s item and assuming that the contract was perfected at
that instance, the acceptance of the respondent when the down payment was
returned to him made the contract impliedly rescinded.

4. The petitioner's rights to his property were violated when the trial
court ignored the substantial and overwhelming evidence against the
respondent - contrary to Articles 19, 20 and 21 of the New Civil Code.

PRAYER

WHEREFORE, premises considered, it is most respectfully

prayed of the Honorable Court that judgment be rendered in favor of the
petitioner and for the grant of the following:

1. That the petition be given due course;

2. That after due proceedings, judgment be rendered setting

aside the questioned decision and ordering annex "J" hereof
be set aside and a new one be rendered; and

3. Petitioner likewise prays for other reliefs deemed just and

equitable in the premises are similarly prayed for.

3
 Quezon City for Manila, Philippines. 10 December 2019.

ATTY. JOHN PATRICK M. NAZARREA

Counsel for the
Petitioner
, 43 Masigla St. Karuhatan,
Valenzuela City
MCLE Compliance No. 214578; 4-11-19
Roll of Attorney No. 21894; Manila; 7-12-18
IBP No. 18468; Manila; 7-15-18
PTR No. 78694; Manila; 8-6-18

Copy Furnished:

ATTY. JOHN PATRICK M. NAZARREA

Counsel for the Respondnent
620 Quirino Highway, Bagbag
Novaliches, Quezon City

EXPLANATION OF SERVICE
(Pursuant to Section 11, Rule 13 of the
1997 Rules on Civil Procedure)
The foregoing Petition for Review is served by registered mail since
personal service is not practicable, because of distance, lack of personnel,
and time constraint in the undersigned’s office.

ATTY. JOHN PATRICK M. NAZARREA

Counsel for the Petitioner
Counsel for the Petitioner
, 43 Masigla St. Karuhatan,
Valenzuela City
MCLE Compliance No. 214578; 4-11-19
Roll of Attorney No. 21894; Manila; 7-12-18
IBP No. 18468; Manila; 7-15-18
PTR No. 78694; Manila; 8-6-18
VERIFICATION AND CERTIFICATION AGAINST FORUM
SHOPPING

I, ABIGAIL SOL MENDOZA, of legal age, Filipino, and a resident

of Camia St., Barangay Comembo, Makati City, Philippines, after being
sworn in accordance with law, hereby depose and say that:

4
 1. I am the Petitioner in the above-entitled case;

2. I have caused the preparation of the above Petition;

3. I have read the same and knows the contents thereof; and

4. The allegations therein are true and correct of my own personal

knowledge.

I further certify that: (a) I have not theretofore commenced any other
action or proceeding or filed any claim involving the same issues or matters
in any court, tribunal, or quasi-judicial agency and, to the best of my
knowledge, no such action or proceeding is pending therein; and (b) if I
should thereafter learn that the same or similar action or proceeding has been
filed or is pending before the Supreme Court, Court of Appeals, or any other
tribunal or quasi-judicial agency, I undertake to report such fact within five
(5) days therefrom to the court or agency wherein the original pleading and
sworn certification contemplated herein have been filed.

IN WITNESS WHEREOF, I have hereunto set my hands this 12

December 2019, at Makati City, Philippines.

ABIGAIL SOL MENDOZA

Affiant

SUBSCRIBED AND SWORN to before me, this 12 December 2019,

by ABIGAIL SOL MENDOZA who exhibited to me his Passport 01148600
dated 24 June 2018.

JUAN DELA CRUZ

Notary Public for Quezon City
2 Bldg., Tomas Morato,
Quezon City
Commission Serial 12345
Until November 30, 2019
Roll of Attorney 78945/ 1-1-18/ Manila
PTR 45623/ 1-1-18/ Manila
IBP 56123/ 1-1-18/ Manila

5
REPUBLIC OF THE PHILIPPINES)
QUEZON CITY ) S.S.

AFFIDAVIT OF SERVICE

I, BENIGNO REDOMA, of legal age, with residence at 21 Quirino

Highway, Bagbag, Novaliches, Quezon City, state under oath that:

1. I am employed as a messenger by Atty. John Patrick M. Nazarrea

with office address at 43 Masigla St. Karuhatan, Valenzuela City; and

2. On 12 September 2019, I caused to be served a copy of the

following pleading/paper by registered mail pursuant to Section 10, Rule 13
of the 1997 Rules on Civil Procedure:

PETITION FOR REVIEW

in G.R. No. 4455 entitled “MIGUEL RAMONKITO MENDOZA versus

ABIGAIL SOL MENDOZA” for Breach of Contract by depositing a copy
in the post office in a sealed envelope, plainly addressed to the office of
respondent’s counsel of record, ATTY. JOHN PATRICK M. NAZARREA
with address at 620 Quirino Highway, Bagbag, Novaliches, Quezon City
with postage fully paid as evidenced by the return card under Registry
Receipt No. 119989 and with instructions to the postmaster to return the
mail to the sender after ten (10) days if undelivered.

IN WITNESS WHEREOF, I have hereunto set my hand at Quezon

City, 12 December 2019.

BENIGNO REDOMA
Affiant

JURAT

SIGNED AND SWORN before me in Quezon City, this 12 December

2019 after I identified affiant through his Passport 00148600 dated 12 June
2018.

JUAN DELA CRUZ

Notary Public for Quezon City
2 Bldg., Tomas Morato,
Doc 12; Quezon City
Page 26; Commission Serial 12345
Until November 30, 2019
Book II;
Roll of Attorney 78945
Series of 2019. PTR 45623 1-1-18; Manila
6
 ANNEX “A”
IBP 56123 1-1-18; Manila

CONTRACT OF SALE

SO THE PUBLIC MAY KNOW:

This Agreement executed between:

ABIGAIL SOL MENDOZA, Filipino, of legal age, and residing at Camia St.,
Comembo Makati City;
- and –

MIGUEL RAMONKITO MENDOZA, Filipino, of legal age, and residing at

Ilang-ilang St., Comembo Makati City;

Antecedents:

ABIGAIL owns Hello Kitty and Kerroppi Japanese collector’s items;

MIGUEL is engaged in the business of buy and sell;

Consequently, in consideration of the terms and conditions stated below, the

Parties mutually agree as follows:

1. MIGUEL shall pay ABI the sum in Pesos: Two Hundred Fifty Thousand
(P250,000. 00) for both materials and cost payable as follows:

1.1. Pesos: One Hundred Thousand (P100, 000.00) upon signing this contract; and

1.2. The balance shall be paid upon delivery to TOMAS of the said collector’s
items;

The deficiency of this contract shall be supplemented by the provision of existing

law.

30 June 2019, Makati City.

ABIGAIL SOL MENDOZA MIGUEL RAMONKITO MENDOZA

Signed in the presence of:

JACINTO C. SINGH FELICITO F. DELMONTE

ACKNOWLEDGMENT

BEFORE ME, personally appeared:

Name Passport Date/ Place Issued
1. Abigail Sol Mendoza CC123330 1-05-2018/Manila
2. Miguel Ramonkito Mendoza JJ200345 1-17-2018/ Manila

They are known to me to be the same persons who presented the foregoing
contract and acknowledged to me that the signatures they affixed in it are their voluntary
acts for the purposes stated in their document.

SIGNED AND SEALED in Manila, 30 June 2019.

7
 JUAN C. MENDOZA
Notary Public for Manila
Suite 212 Burke Building, Escolta, Manila
Commission Serial 54342
Until Dec. 31, 2008
Roll of Attorney 38718
PTR 56789; 1-12-08; Manila
IBP 24680; 1-12-08; Manila
Doc. 12;
Page 8;
Book II;
Series of 2008.

ANNEX “B”

ACKNOWLEDGMENT RECEIPT

I, ABIGAIL SOL MENDOZA, acknowledge that I have received the

payment in the amount of ONE HUNDRED THOUSAND PESOS (Php
100,000.00)

1 July 2019, Makati City

ABIGAIL SOL MENDOZA

8
 ANNEX “C”

REPUBLIC OF THE PHILIPPINES

City of Makati
Barangay Comembo

OFFICE OF THE LUPONG TAGAPAMAYAPA

MIGUEL RAMONKITO MENDOZA,

Complainant,
Barangay Case No. # 1648
-against-
For: Breach of Contract

ABIGAIL SOL MENDOZA,

Respondent.

CERTIFICATION TO FILE ACTION

This is to certify that:

1. There has been a personal confrontation between the parties before

the Punong Barangay;

2. An amicable settlement was not reached; and

3. Therefore, the corresponding complaint for the dispute may now be

filed in the court or in the appropriate government agencies.

This 23rd day of September 2019.

MAGNIFICO B. MAGLAYA
Lupon Secretary
Attested:

JOHN PATRICK M. NAZARREA

Lupon Chairman

9
 ANNEX “D”

REPUBLIC OF THE PHILIPPINES

National Capital Judicial Region
REGIONAL TRIAL COURT
Branch 1, Makati City

MIGUEL RAMONKITO MENDOZA,

Plaintiff,

CIVIL CASE: # 4455

-versus-
For: Breach of Contract

ABIGAIL SOL MENDOZA,

Defendant.
x------------------------------------------------------------x

PETITION

COMES NOW, the plaintiff through the undersigned counsel, and

unto this Honorable Court, most respectfully avers that:

THE PARTIES

1. The plaintiff is of legal age, Filipino, and presently residing at

Ilang-ilang St., Barangay Comembo, Makati City, while the defendant
is also of legal age and resident of Camia St., Barangay Comembo,
Makati City where she may be served with summons and other court
processes;

CAUSE OF ACTION

2. The parties herein were executed a notarized contract of sale

wherein the defendant was supposed to sell to the petitioner her
collection of Hello Kitty and Keroppi Japanese collector’s items
amounting to approximately Two Hundred Fifty Thousand Pesos (PhP
250,000.00);

3. Upon execution of the contract, plaintiff gave defendant a down

payment in the amount of One Hundred Thousand Pesos (PhP
100,000.00).

10
 4. However, two days before the agreed delivery time, defendant had
a sudden change of heart and decided to tell the plaintiff that she is not
interested in selling the items anymore;

5. Plaintiff resented defendant’s decision since the former executed

another contract to sell the subject items in favor of Monico Aggabao,
Jr.;

6. To reiterate, the defendant willfully and intentionally ceased her

obligation to deliver the said items to the prejudice of the plaintiff,
which is a clear disregard to their contract;

7. Under Article 1159 of the Civil Code of the Philippines provides:

'Obligations arising .from contracts have the force of law

between the contracting parties and should be complied
with in good faith. ';

8. Likewise, Article 1170 of the Civil Code of the Philippines

provides that:

'Those who in the performance of their obligations are guilty of

fraud, negligence, or delay, and those who in any
manner contravene the tenor thereof are liable for
damages. ';

9. The parties herein had set up their personal confrontation before

the Lupon Chairman. However, no conciliation or amicable settlement
has been reached as certified by the Lupon Secretary as attested to by
the Lupon Chairman. Attached herewith is the copy of the
Certification to File Action as Annex “A”; and

10. Since the earnest efforts towards a compromise have been made
but the same proved futile, the plaintiff was constrained to institute
this suit, and incur litigation expenses to be proved during trial.

PRAYER

WHEREFORE, premises considered, by reason of the

abovementioned breach of the subject contract of sale made by the
defendant, it is most respectfully prayed of this Honorable Court to order
the said defendant to pay the following damages, to wit:

11
 1. Deliver the said items amounting to Php 250,000.00 in accordance
with the Contract of Sale agreed upon by the parties;

2. Sixty Thousand Pesos (Php 30,000.00) as legal expenses;

3. Sixty Thousand Pesos (Php 30,000.00) as exemplary damages; and

4. Thirty Thousand Pesos (Php 20,000.00) as cost of suit.

Other reliefs just and equitable are also prayed for.

Quezon City for Makati City, 24 September 2019.

ATTY. JOHN PATRICK M. NAZARREA

Counsel for Plaintiff
620 Quirino Highway, Bagbag,
Novaliches, Quezon City
MCLE Compliance No. 214578; 4-11-19
Roll of Attorney No. 21894; Manila; 7-12-18
IBP No. 18468; Manila; 7-15-18
PTR No. 78694; Manila; 8-6-18

VERIFICATION AND CERTIFICATION AGAINST

FORUM SHOPPING

REPUBLIC OF THE PHILIPPINES)

MAKATI CITY)S.S.

I, MIGUEL RAMONKITO MENDOZA, of legal age, Filipino, and a

resident of Ilang-ilang St., Barangay Comembo, Makati City, Philippines,
after being sworn in accordance with law, hereby depose and say that:

1. I am the Plaintiff in the above-entitled case;

2. I have caused the preparation of the above Petition;

3. I have read the same and knows the contents thereof; and

4. The allegations therein are true and correct of my own personal

knowledge.

12
 I further certify that: (a) I have not theretofore commenced any other
action or proceeding or filed any claim involving the same issues or matters
in any court, tribunal, or quasi-judicial agency and, to the best of my
knowledge, no such action or proceeding is pending therein; and (b) if I
should thereafter learn that the same or similar action or proceeding has been
filed or is pending before the Supreme Court, Court of Appeals, or any other
tribunal or quasi-judicial agency, I undertake to report such fact within five
(5) days therefrom to the court or agency wherein the original pleading and
sworn certification contemplated herein have been filed.

IN WITNESS WHEREOF, I have hereunto set my hands this 24

September 2019, at Makati City, Philippines.

MIGUEL RAMONKITO MENDOZA

Affiant

JURAT

SUBSCRIBED AND SWORN to before me, this 24 September 2019,

by MIGUEL RAMONKITO MENDOZA who exhibited to me his Passport
01148600 dated 24 June 2018.

JUAN DELA CRUZ

Notary Public for Quezon City
2 Bldg., Tomas Morato,
Quezon City
Commission Serial 12345
Until November 30, 2019
Roll of Attorney 78945/ 1-1-18/ Manila
PTR 45623/ 1-1-18/ Manila
IBP 56123/ 1-1-18/ Manila

Doc 12;
Page 25;
Book II;
Series of 2019

13
 ANNEX “E”

REPUBLIC OF THE PHILIPPINES

National Capital Judicial Region
REGIONAL TRIAL COURT
City of Manila

MIGUEL RAMONKITO MENDOZA,

Plaintiff,

CIVIL CASE: # 4455

-versus-
For: Breach of Contract

ABIGAIL SOL MENDOZA,

Defendant.
x------------------------------------------------------------x

ANSWER

COMES NOW the Defendant, through undersigned counsel, and

unto this Honorable Court most respectfully avers that:

1. The defendant admits the contents of paragraph 1 insofar as her

personal circumstance is concerned;

2. The defendant admits the allegations in paragraphs 2 and 3 there

being a contract existed between the parties;

3. The defendant specifically denies the contents of paragraphs 4 of

the complaint the truth being that those alleged in the special and
affirmative defenses part herein below; and

4. The defendant is without knowledge or information to form a belief

as to the truth of the averments made in the rest of the paragraphs
thereof.

By way of special and affirmative defenses, defendant avers that:

5. The defendant decided not to deliver the things because she has the
right to rescind the contract. It is clearly provided for under Article
1191 of the New Civil Code of the Philippines:
“The power to rescind obligations is implied in reciprocal
ones, in case one of the obligors should not comply with
what is incumbent upon him.”

14
 6. The defendant was not aware about the execution of the contract
to sell between the plaintiff and Monico Aggabao, Jr., as stated in
paragraph 5 of his Petition. It was justified on the part of the
defendant that the same may be rescinded by her. Article 1597 is
all about the grounds when the seller may totally rescind the
contract of sale, to wit:

Art. 1597. Where the goods have not been delivered to the
buyer, and the buyer has repudiated the contract of sale,
or has manifested his inability to perform his obligations there
under, or has committed a breach thereof, the seller may
totally rescind the contract of sale by giving notice
of his election so to do to the buyer.”;

7. Applying the above-mentioned preceding provision of the Civil

Code of the Philippines, the Plaintiff’s execution of contract to sell
with Mr. Aggabao, Jr. without the knowledge of the defendant
constitutes that the plaintiff instituted an action with unclean hands
since he has manifested from his act that he has inability to perform
his obligation, that is to pay the balance; and

8. The Petition filed by the plaintiff is nothing but a malicious lawsuit

calculated to harass the defendant, not to mention that it does not
state a cause of action and is a clear resort to forum-shopping when he
filed his Petition before the Makati RTC and yet, the Order dated 23
September 2019 was obtained from this Honorable Court, thereby
rendering it dismissible outright. Attached herein is the copy of the
Order and marked as Exhibit “1”;

By way of counterclaim, defendant alleges that:

9. By virtue of this unwarranted and malicious act initiated by the

plaintiff, defendant was forced to engage counsel in the sum of TEN
THOUSAND PESOS (Php 10,000.00) plus THREE THOUSAND
PESOS (Php 3,000.00) per court appearance; and

10. Similarly, the plaintiff’s unfounded suit has caused the defendant
mental anguish and suffering and public humiliation and
embarrassment, for which the defendant claims moral damages of
ONE HUNDRED THOUSAND PESOS (P100,000.00).

PRAYER

15
 WHEREFORE, it is respectfully prayed that the complaint be
dismissed, the contract be rescinded, and defendant be awarded the amount
of P5, 000.00.

Other equitable reliefs are likewise prayed for.

Valenzuela City for Manila, September 27, 2019.

ATTY. JOHN PATRICK M. NAZARREA

Counsel for the Defendant
43 Masigla St. Karuhatan, Valenzuela City
MCLE Compliance No. 1458; 2-2-18
Roll of Attorney No. 67673/ 4-4-18/ Manila
IBP No. 67387/ 6-6-18/ Manila
PTR No. 7827/ 7-4-18/ Manila

Copy Furnished:

ATTY. JOHN PATRICK M. NAZARREA

620 Quirino Highway, Bagbag,
Novaliches, Quezon City

EXPLANATION OF SERVICE
The foregoing Answer is served by registered mail since personal
service is not practicable, because of distance, lack of personnel, and time
constraint in the undersigned’s office.

ATTY. JOHN PATRICK M. NAZARREA

Counsel for the Defendant

EXPLANATION OF SERVICE
(Pursuant to Section 11, Rule 13 of the
1997 Rules on Civil Procedure )

The foregoing Notice of Appeal is served by registered mail since

personal service is not practicable, because of distance, lack of personnel,
and time constraint in the undersigned’s office.

REPUBLIC OF THE PHILIPPINES)

QUEZON CITY ) S.S.

16
 AFFIDAVIT OF SERVICE

I, DENNIS ROMAN, of legal age, with residence at 21 Biga-a St.,

Malinta, Valenzuela City, state under oath that:

1. I am employed as a messenger by Atty. John Patrick M. Nazarrea

with office address at 620 Quirino Highway, Bagbag, Novaliches, Quezon
City; and

2. On 28 September 2019, I caused to be served a copy of the

following pleading/paper by registered mail pursuant to Section 10, Rule 13
of the 1997 Rules on Civil Procedure:

ANSWER

in CIVIL CASE No. 4455 entitled “MIGUEL RAMONKITO

MENDOZA versus ABIGAIL SOL MENDOZA” for Breach of Contract
by depositing a copy in the post office in a sealed envelope, plainly
addressed to the office of defendant’s counsel of record, ATTY. JOHN
PATRICK M. NAZARREA with address at 620 Quirino Highway, Bagbag,
Novaliches, Quezon City with postage fully paid as evidenced by the return
card under Registry Receipt No. 121989 and with instructions to the
postmaster to return the mail to the sender after ten (10) days if undelivered.

IN WITNESS WHEREOF, I have hereunto set my hand at Quezon

City, 27 September 2019.

DENNIS ROMAN
Affiant

SIGNED AND SWORN before me in Quezon City, this 27

September 2019 after I identified affiant through his Passport 00148600
dated 12 June 2018.

JUAN DELA CRUZ

Notary Public for Quezon City
2 Bldg., Tomas Morato,
Quezon City
Commission Serial 12345
Doc 12; Until November 30, 2019
Page 26; ANNEX Roll“F”
of Attorney 78945
Book II; PTR 45623 1-1-18; Manila
Series of 2019. IBP 56123 1-1-18; Manila
REPUBLIC OF THE PHILIPPINES
National Capital Judicial Region
17
 REGIONAL TRIAL COURT
Branch 12, City of Manila

MIGUEL RAMONKITO MENDOZA,

Plaintiff,

CIVIL CASE: # 4455

-versus-
For: Breach of Contract

ABIGAIL SOL MENDOZA,

Defendant.
x------------------------------------------------------------x

DECISION

This is an Action for Breach of Contract filed by the Plaintiff, MIGUEL

RAMONKITO MENDOZA before this Honorable Court.

This case was referred to Judicial Dispute Resolution proceedings but the
same was proved unsuccessful.

During the continuation of preliminary conference on May 18, 2017,

the parties stipulated on the following:

a. The jurisdiction of the Court over the subject matter;

b. The identity of the defendant as the same person charged in the
complaint or petition; and
c. The authenticity and enforceability of the Contract of Sale executed
between the plaintiff and the defendant.

There being no other matters to be taken, the preliminary conference was

terminated.

The counsel of the plaintiff presented the sole witness, Mr. Miguel Ramonkito
Mendoza.

During his direct examination, on 26 October 2019, he stated that he is of

legal age, currently working as an employee of ABC Corporation, and a resident of
Ilang-ilang St., Barangay Comembo, Makati City. He identified the Judicial Affidavit
he executed on 21 October 2019.

In his Judicial Affidavit, he stated that he knew the defendant as she is his
sister and they were the ones who entered into a Contract of Sale dated 30 June,
2019. He also knew that she is the owner of Hello Kitty and Keroppi Japanese

18
collector’s items. The original Contract of Sale was attached in the said record and
he had with him a certified photocopy (Exhibit “A”). He further stated that he
identified both the signature as his and the signature of the defendant as hers. Under
their Contract of Sale, it stated therein that as a condition for the delivery of the said
collector’s items, he should pay an initial installment of One Hundred Thousand
Pesos (PhP 100,000.00) at the time of its execution. He confirmed that he actually
paid the same as shown by the Acknowledgment Receipt attached as Exhibit “B” as
his proof of payment and identified the signature of the defendant. After he paid the
necessary installments, two days after the agreed delivery time, defendant told the
plaintiff that she was no longer interested in selling the items anymore as the latter
was entered into a Contract to Sell with Mr. Monico Aggabao, attached and marked
as Exhibit “C”. After learning that the Contract to Sell was entered between the
defendant and Mr. Aggabao, he incurred loss of his profit. He demanded personally
the defendant to deliver the said items but to no avail, which led the plaintiff to bring
the action before the Lupong Tagapamayapa as shown by the Certificate to File
Action dated 23 September 2019 attached and marked as Exhibit “D”. Under the
said Certificate, the settlement has been repudiated on the ground of non-
compliance with the said settlement, thus, the corresponding complaint for the
dispute may be filed in court.

With the admission of its documentary evidence (Exhs. “A” to “D”), together
with the testimonial evidence on record, the prosecution rested its case.

The defense for its part presented Abigail Sol Mendoza as its sole witness.

In her direct examination, she stated that she was of legal age,
businesswoman, and resident of Camia St., Barangay Comembo, Makati City.

The defendant decided not to deliver the things because she has the right to
rescind the contract. It is clearly provided for under Article 1191 of the New Civil
Code of the Philippines:

“The power to rescind obligations is implied in reciprocal ones, in case one of

the obligors should not comply with what is incumbent upon him.”
The defendant was not aware about the execution of the contract to sell
between her and Mr. Monico Aggabao, Jr. It was justified on the part of the
defendant that the same may be rescinded by her. Article 1597 is all about the
grounds when the seller may totally rescind the contract of sale, to wit:

“Art. 1597. Where the goods have not been delivered to the buyer, and the
buyer has repudiated the contract of sale, or has manifested his inability to
19
 perform his obligations there under, or has committed a breach thereof, the
seller may totally rescind the contract of sale by giving notice of his election
so to do to the buyer.”

The defense manifested it would no longer present sur-rebuttal evidence.

Hence, this decision.

The issue to be resolved by this court is whether or not there was a breach of
contract.

There is a perfected contract of sale between Miguel and Abigail.

Article 1458 of the Civil Code of the Philippines states:

By the contract of sale one of the contracting parties obligates himself to

transfer the ownership and to deliver a determinate thing, and the other to
pay therefor a price certain in money or its equivalent. A contract of sale may be
absolute or conditional. 

It is clear in the foregoing that there has been a perfected contract of sale
between the parties. Miguel offering to buy the Kerropi and Hello Kitty collector’s
items and Abigail’s acceptance to the amount of PhP 250, 000 as consideration and
receving the amount of PhP 100, 000 as earnest money of the contract.

Breach of contract may also be the cause of action in a complaint for

damages filed pursuant to Article 1170 of the Civil Code. It provides:

Art. 1170. Those who in the performance of their obligations are guilty of
fraud, negligence, or delay, and those who in any manner contravene the
tenor thereof; are liable for damages.

In Pacmac, Inc. v. Intermediate Appellate Court, 1 this Court held that the party
who unilaterally terminated the exclusive distributorship contract without any legal
justification can be held liable for damages by reason of the breach committed
pursuant to Article 1170.

All told, the Plaintiff has proven with certainty the actual breach, there is
sufficient proof that she breached the contract of sale between him and the
defendant. It follows that its case against her was proven by proof beyond
reasonable doubt to overcome the constitutional presumption of innocence.
Considering that the plaintiff succeeds in proving that defendant inflicted damages
thim, civil liability can likewise be adjudged against her.

1
G.R. No. 72405 May 29, 1987
20
 WHEREFORE, premises considered, the claim of the Plaintiff Miguel
Ramonkito Mendoza is hereby GRANTED. This court orders the Defendant Abigail
Sol Mendoza to pay the following damages, to wit:

1. Deliver the said items amounting to Php 250,000.00 in accordance with

the Contract of Sale agreed upon by them;

2. Sixty Thousand Pesos (₱30,000.00) as legal expenses;

3. Sixty Thousand Pesos (₱30,000.00) as exemplary damages; and

4. Thirty Thousand Pesos (₱20,000.00) as cost of suit.

SO ORDERED.

City of Manila, October 26, 2019.

TEODORO PEORO
Presiding Judge

Copy Furnished:

ATTY. JOHN PATRICK M. NAZARREA

Counsel for Plaintiff
620 Quirino Highway, Bagbag,
Novaliches, Quezon City
MCLE Compliance No. 214578; 4-11-19
Roll of Attorney No. 21894; Manila; 7-12-18
IBP No. 18468; Manila; 7-15-18
PTR No. 78694; Manila; 8-6-18

ATTY. JOHN PATRICK M. NAZARREA

Counsel for the Defendant
43 Masigla St. Karuhatan, Valenzuela City
MCLE Compliance No. 1458; 2-2-18
Roll of Attorney No. 67673/ 4-4-18/ Manila
IBP No. 67387/ 6-6-18/ Manila
PTR No. 7827/ 7-4-18/ Manila

EXPLANATION OF SERVICE
(Pursuant to Section 11, Rule 13 of the
1997 Rules on Civil Procedure )

21
 The foregoing Decision is served by registered mail since personal service is
not practicable, because of distance, lack of personnel, and time constraint in the
undersigned’s office.

ELMER A. CABRERA
Division Clerk of Court

REPUBLIC OF THE PHILIPPINES)

CITY OF MANILA ) S.S.

AFFIDAVIT OF SERVICE
22
 I, JAYSON A. BERMUDEZ, of legal age, with residence at 24 Mapagkalinga
St., Ugong, Valenzuela City, state under oath that:

1. I am employed as a messenger by the Division Clerk of Court, Branch 12,

RTC Manila, Mr. Elmer A. Cabrera with office address at Padre Burgos Ave, Ermita,
Manila, 1000 Metro Manila; and

2. On 27 November 2019, I caused to be served a copy of the following

pleading/paper by registered mail pursuant to Section 10, Rule 13 of the 1997 Rules
on Civil Procedure:

DECISION

in CIVIL CASE No. 4455 entitled “MIGUEL RAMONKITO MENDOZA versus

ABIGAIL SOL MENDOZA” for Breach of Contract by depositing a copy in the post
office in a sealed envelope, plainly addressed to the office of plaintiff’s counsel of
record, ATTY. JOHN PATRICK M. NAZARREA with address at 620 Quirino
Highway, Bagbag, Novaliches, Quezon City with postage fully paid as evidenced by
the return card under Registry Receipt No. 119989 and with instructions to the
postmaster to return the mail to the sender after ten (10) days if undelivered.

IN WITNESS WHEREOF, I have hereunto set my hand at City of Manila, 27

November 2019.

JAYSON A. BERMUDEZ
Affiant

SIGNED AND SWORN to before me in City of Manila, this 27 November

2019 after I identified affiant through his Passport 00148600 dated 12 June 2018.

JUAN DELA CRUZ

Notary Public for Manila
20 Bldg., Marzan St., Sampaloc,
Doc 12; Manila
Page 26; Commission Serial 12345
Until November 30, 2019
Book II;
Roll of Attorney 78945
Series of 2019. PTR 45623 1-1-18; Manila
IBP 56123 1-1-18; Manila

REPUBLIC OF THE PHILIPPINES)

CITY OF MANILA ) S.S.

23
 AFFIDAVIT OF SERVICE

I, JAYSON A. BERMUDEZ, of legal age, with residence at 24 Mapagkalinga

St., Ugong, Valenzuela City, state under oath that:

1. I am employed as a messenger by the Division Clerk of Court, Branch 12,

RTC Manila, Mr. Elmer A. Cabrera with office address at Padre Burgos Ave, Ermita,
Manila, 1000 Metro Manila; and

2. On 27 November 2019, I caused to be served a copy of the following

pleading/paper by registered mail pursuant to Section 10, Rule 13 of the 1997 Rules
on Civil Procedure:

DECISION

in CIVIL CASE No. 4455 entitled “MIGUEL RAMONKITO MENDOZA versus

ABIGAIL SOL MENDOZA” for Breach of Contract by depositing a copy in the post
office in a sealed envelope, plainly addressed to the office of defendant’s counsel of
record, ATTY. JOHN PATRICK M. NAZARREA with address at 43 Masigla St.,
Karuhatan, Valenzuela City with postage fully paid as evidenced by the return card
under Registry Receipt No. 119990 and with instructions to the postmaster to return
the mail to the sender after ten (10) days if undelivered.

IN WITNESS WHEREOF, I have hereunto set my hand at Valenzuela City, 27

November 2019.

JAYSON A. BERMUDEZ
Affiant

SIGNED AND SWORN to before me in City of Manila, this 27 November

2019 after I identified affiant through his Passport 00148600 dated 12 June 2018.

JUAN DELA CRUZ

Notary Public for Manila
20 Bldg., Marzan St., Sampaloc,
Doc 12; Manila
Page 26; Commission Serial 12345
Until November 30, 2019
Book II;
Roll of Attorney 78945
Series of 2019. PTR 45623 1-1-18; Manila
IBP 56123 1-1-18; Manila

24