Title
Supreme Court
Nolasco vs. Cuerpo
Case
G.R. No. 210215
Decision Date
Dec 9, 2015
A land sale contract dispute arose when buyers sought rescission due to financial difficulties; SC upheld the contract, ruling sellers' title transfer delay wasn't a substantial breach.

Case Digest (G.R. No. 210215)
Expanded Legal Reasoning Model

Facts:

  • Contract to Sell
    • On July 22, 2008, petitioners Rogelio S. Nolasco, Nicanora N. Guevara, Leonarda N. Elpedes, heirs of Arnulfo S. Nolasco, and Remedios M. Nolasco, represented by Elenita M. Nolasco, entered into a Contract to Sell with respondents Celerino S. Cuerpo, Joselito Encabo, Joseph Ascutia, and Domilo Lucenario over a 165,775-sqm parcel in Barangay San Isidro, Rodriguez, Rizal (OCT No. 152).
    • Key terms:
      • Total purchase price ₱33,155,000 – down payment ₱11,604,250 (including ₱2,000,000 earnest money) and balance ₱21,550,750 payable in 36 monthly installments of ₱598,632 via post-dated checks.
      • Dishonor of any check entitles petitioners to forfeit payments, cancel contract without judicial recourse, and pursue legal action.
      • No possession by respondents until full payment.
      • Petitioners to cause transfer of title from Edilberta N. Santos to their names within 90 days; upon failure, respondents may effect transfer at petitioners’ expense and charge costs against installments.
      • Upon full payment, petitioners to transfer title to respondents.
  • Demand for Rescission and Trial
    • On November 7, 2008, respondents sent a letter seeking rescission of the contract for alleged financial difficulties and refund of ₱12,202,882.
    • After no response, respondents filed a complaint on November 21, 2008 for rescission and restitution. Petitioners countered that respondents unilaterally cancelled the contract and that financial difficulty is not a statutory ground for rescission. Petitioners were declared in default for failure to file a pre-trial brief, prompting an ex parte presentation of respondents’ evidence.
  • RTC and CA Proceedings
    • RTC (March 1, 2010) ordered rescission of the contract and return of all payments and post-dated checks, finding petitioners’ failure to effect the 90-day title transfer a substantial breach under Art. 1191, Civil Code.
    • CA (June 17, 2013) affirmed the RTC decision, ruling the forfeiture clause improper. Reconsideration was denied on November 19, 2013. Petitioners then filed a petition for certiorari before the Supreme Court.

Issues:

  • Core Issue
    • Whether the Court of Appeals correctly affirmed the rescission of the Contract to Sell and ordered the return of amounts paid and remaining checks.
  • Secondary Issue
    • Whether petitioners—despite defaulting below—could obtain cancellation of the contract and forfeiture of respondents’ payments for respondents’ alleged payment defaults.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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