Case Digest (G.R. No. 56566)
Facts:
- Case: Bandong v. Austria, G.R. No. 9785, decided on September 24, 1915.
- Plaintiffs-appellants: Isabela Bandong and Juan Ferrer.
- Contract date: April 29, 1905, with Antonio Ventenilla, the original vendee of a parcel of land.
- Contract terms: Vendors retained the right to repurchase the land for P350 without interest on the money or products derived from the land.
- Repurchase allowed in "the month of March of any year."
- After Ventenilla's death, his widow, Alejandra Austria, became the defendant-appellee.
- In March 1913, Bandong and Ferrer attempted to repurchase the land, but Austria refused, claiming the right had prescribed.
- Trial court ruled in favor of Austria, stating the right to repurchase expired four years after the contract date, based on Article 1508 of the Civil Code.
Issue:
- (Unlock)
Ruling:
- The Supreme Court ruled in favor of the plaintiffs-appellants, reversing the trial court's decision.
- The Court held that the written contract allowed the vendors to repurchase the land within ten years from the contract date. ...(Unlock)
Ratio:
- The Court determined that the contract's provision constituted an express agreement for repurchase in March of any year following the contract's date.
- Article 1508's four-year limitation applies only when there is no express agreement regarding the redemption period.
- The contract explicitly allowed for a ten-year repurchase period, making...continue reading
Case Digest (G.R. No. 56566)
Facts:
In the case of Bandong v. Austria, G.R. No. 9785, decided on September 24, 1915, the plaintiffs-appellants, Isabela Bandong and Juan Ferrer, entered into a written contract on April 29, 1905, with Antonio Ventenilla, who was the original vendee of a parcel of land. The contract stipulated that the vendors retained the right to repurchase the land for the same price of P350, without any agreement regarding interest on the money or the products derived from the land. Specifically, the contract allowed for the repurchase to occur "in the month of March of any year." After Ventenilla's death, his widow, Alejandra Austria, became the defendant-appellee in this case. In March 1913, Bandong and Ferrer attempted to exercise their right to repurchase the land, but Austria refused, asserting that the right to repurchase had already prescribed. The trial court ruled in favor of Austria, concluding that the right to repurchase had expired four years after the contract date, relying on Article 1508 of the Civil Code, which states that the right to repurchase lasts for four years unless there is an express agreement to the contrary.
Issue:
- D...