Title
Ong vs. Court of Appeals
Case
G.R. No. 97347
Decision Date
Jul 6, 1999
Petitioner failed to fully pay for properties under a "contract to sell," preventing title transfer. Rescission upheld; no novation or reimbursement for improvements.
A

Case Digest (G.R. No. 192565)

Facts:

  • Agreement of Purchase and Sale
    • May 10, 1983: Petitioner Jaime G. Ong and respondents Spouses Miguel K. Robles and Alejandra M. Robles executed a contract covering two parcels of land in Barrio Puri, San Antonio, Quezon for ₱2,000,000.
    • Payment terms:
      • Initial ₱600,000 broken into:
1) ₱103,499.91 paid by Buyer (deposited with UCPB). 2) ₱496,500.09 to be paid by Buyer to BPI to settle Sellers’ loan.
  • Balance of ₱1,400,000 in four equal quarterly installments of ₱350,000, due June 15, Sept 15, Dec 15 1983 and March 15 1984.
  • Sellers’ obligations: deliver deed of sale and clear title upon full payment and surrender possession immediately.
  • Performance and Breach
    • Buyer took possession May 15, 1983, and deposited the ₱103,499.91; paid only ₱393,679.60 of the ₱496,500.09 BPI loan.
    • Issued four post-dated checks of ₱350,000 each, all dishonored for insufficient funds.
    • Bank threatened foreclosure; Sellers sold three rice-mill transformers (₱51,411) with Buyer’s consent; Sellers operated rice mill; Buyer remained in possession of land.
    • August 2, 1985: Sellers’ demand for return of properties; unheeded.
    • September 2, 1985: Sellers filed complaint for rescission and recovery of properties with damages in RTC Lucena.
    • Trial court issued preliminary injunction: Buyer enjoined from making improvements except repairs.
    • June 1, 1989: RTC rendered judgment:
      • Set aside the contract;
      • Ordered Buyer to return land and improvements;
      • Ordered Sellers to refund ₱497,179.51;
      • Awarded Sellers ₱100,000 exemplary damages;
      • Awarded Sellers ₱20,000 attorney’s fees.
    • CA affirmed RTC decision but deleted exemplary damages.
    • Petitioner elevated case to the Supreme Court.

Issues:

  • Whether the contract may be validly rescinded under Article 1191 of the New Civil Code.
  • Whether the original contract as to time and manner of payment was novated by subsequent acts or agreements.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster, building context before diving into full texts. AI-powered analysis, always verify critical details.