Title
Reyes vs. Tuparan
Case
G.R. No. 188064
Decision Date
Jun 1, 2011
Mila Reyes sold property to Victoria Tuparan under a conditional sale, retaining ownership until full payment. Tuparan defaulted, but rescission was denied; she was allowed to pay the balance with interest. No damages awarded due to lack of evidence.

Case Digest (G.R. No. 116835)
Expanded Legal Reasoning Model

Facts:

  • Parties and Property
    • Petitioner Mila A. Reyes owns a 1,274 sqm lot in Karuhatan, Valenzuela City (TCT No. V-4130) with a three-storey commercial building (RBJ Building) and residential apartments, from which she operated a drugstore and leased spaces.
    • Respondent Victoria T. Tuparan leased ground-floor space in December 1989 for P4,000/month, later invested in petitioner’s financing business.
  • Mortgage and Conditional Sale Negotiations
    • On June 20, 1988, petitioner mortgaged the property to Farmers Savings & Loan Bank, Inc. (FSL Bank) for P2,000,000; by November 15, 1990 the balance was P2,278,078.13.
    • To liquidate the mortgage and raise working capital, petitioner agreed to respondent’s verbal offer to buy the properties for P4,200,000 (no interest) and assume the bank loan, with side concessions:
      • Three-month right of rescission if a P6,500,000 buyer emerged;
      • Free use of petitioner’s drugstore space during payments;
      • Fifteen-year lease at P8,000/month after full payment;
      • Renewal of fire insurance by respondent.
  • Deed of Conditional Sale and Defaults
    • On November 26, 1990, parties and FSL Bank executed a Deed of Conditional Sale with Assumption of Mortgage: P1.2 M payable in three installments (P200k due Jan 31 ’91; P200k due Jun 30 ’91; P800k due Dec 31 ’91) and assumption of the P2 M mortgage balance; title to remain with petitioner until full payment.
    • Respondent defaulted, paying only P395,000 by August 31 1992 (outstanding P805,000 principal plus P466,893.25 interest at 6%/month), assumed full mortgage, collected all rentals without sharing, failed to insure, and offered P751,000 in September 1992.
  • Procedural History
    • RTC (Feb 22 2006): Held the deed a contract to sell; allowed respondent 30 days to pay P805,000 at 2%/month or face rescission; no damages or attorney’s fees awarded.
    • CA (Feb 13 2009): Affirmed with modification—deleted automatic rescission and allowed 30 days to pay P805,000 plus 6% p.a. from Sep 11 1992, then 12% until full payment; all other RTC rulings affirmed.
    • SC Petition: Reyes challenged denial of outright rescission, interest reduction, failure to award damages (lost rentals, back rents, moral/exemplary, attorney’s fees), and denial of injunctive relief.

Issues:

  • Whether the Deed is a contract of sale or a contract to sell.
  • Whether respondent’s non-payment of P805,000 constitutes a breach warranting rescission under Article 1191, New Civil Code.
  • Whether the breach (if any) is substantial or only slight.
  • Proper interest rate on the unpaid balance.
  • Entitlement to actual damages (lost rentals, back rents), moral/exemplary damages, and attorney’s fees.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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