Case Digest (G.R. No. 132076)
Facts:
- Roberto U. Genova owned land in Sta. Ana, Manila, registered under TCT No. 172539.
- In 1989, Genova borrowed P1,000,000.00 from Levita De Castro, securing the loan with a mortgage on the property.
- Genova defaulted on a prior loan from United Coconut Planters Bank (UCPB), leading to foreclosure.
- De Castro redeemed the property from UCPB and obtained a new title (TCT No. 194123) through a deed of sale, which was improperly executed as Genova intended only to sign a mortgage.
- Genova filed for reformation of contract, reconveyance, and damages against De Castro, resulting in a compromise agreement approved by the Regional Trial Court on June 8, 1992.
- Genova was to repurchase the property for P3,332,196.59 but only paid P2,287,000.00 within the four-month period.
- De Castro moved for a writ of execution to enforce the agreement after Genova failed to pay the remaining balance.
- The trial court initially denied De Castro's motion, but the Court of Appeals later granted it, leading Genova to appeal to the Supreme Court.
Issue:
- (Unlock)
Ruling:
- The Supreme Court partly granted the consolidated petitions.
- It affirmed the Court of Appeals' decision in CA-G.R. SP No. 41521, reversing the Regional Trial Court's dismissal of the unlawful detainer case.
- The decision in CA-G.R. SP No. 48422 wa...(Unlock)
Ratio:
- A compromise agreement is binding and has the force of law unless consent is vitiated.
- Genova's failure to pay the full amount within the stipulated period allowed De Castro to seek a writ of execution for ejectment.
- The Court rejected Genova's argument that he could pay af...continue reading
Case Digest (G.R. No. 132076)
Facts:
In the case of Genova v. De Castro, the petitioner, Roberto U. Genova, owned a parcel of land located in Sta. Ana, Manila, which was registered under Transfer Certificate of Title No. 172539. In 1989, Genova borrowed P1,000,000.00 from the respondent, Levita De Castro, to finance a movie production, securing the loan with a mortgage on the property. However, Genova defaulted on a prior loan from the United Coconut Planters Bank (UCPB), which led to the bank foreclosing on the property. De Castro subsequently redeemed the property from UCPB and obtained a new title (TCT No. 194123) based on a deed of sale that was improperly executed, as Genova had only intended to sign a mortgage. Following this, Genova filed an action for reformation of contract, reconveyance, and damages against De Castro, which culminated in a compromise agreement approved by the Regional Trial Court on June 8, 1992. Under this agreement, Genova was to repurchase the property for a total of P3,332,196.59 but only managed to pay P2,287,000.00 within the stipulated four-month period. After failing to pay the remaining balance, De Castro moved for a writ of execution to enforce the compromise agreement, which the trial court initially denied. However, the Court of Appeals later granted De Castro's petition for certiorari, prompting Genova to appeal to the Supreme Court.
Issue:
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