Case Digest (G.R. No. 176533)
Facts:
- Jerome Solco is the petitioner; Claudina V. Provido and Maria Teresa P. Villaruel are the respondents.
- On April 13, 1989, the Villaruel family executed a Contract to Sell and Memorandum of Agreement with Solco for Lot No. 1454-C in Bacolod City, priced at P3 million.
- Initial payment of P1.6 million was due upon signing; the remaining P1.4 million was to be paid after clearing the premises within six months.
- Solco began construction on the property after the contract was executed.
- On September 19, 1989, the Villaruel family filed a complaint for rescission, claiming Solco violated the agreement by entering without notice and causing property damage.
- Solco argued that the Villaruels had not fulfilled their obligations, as the structures remained and occupants had not vacated.
- On March 29, 1996, the RTC ruled in favor of Solco, dismissing the complaint and ordering the Villaruels to vacate and dismantle structures.
- The Villaruels appealed, and the Court of Appeals modified the RTC's ruling, reducing damages awarded to Solco.
- After the decision became final on June 12, 2003, Solco filed a motion for execution, which was granted.
- The Villaruels filed a complaint for cancellation of the contract and damages, leading to further disputes.
- The RTC accepted Solco's payment of P1,287,786.00 as full compliance, but the Villaruels contested this, prompting an appeal to the Court of Appeals.
Issue:
- (Unlock)
Ruling:
- The Supreme Court granted the petition, reversing the Court of Appeals' decision and reinstating the RTC's orders.
- The Court held that the acceptance of the MBTC check as full payment was valid ...(Unlock)
Ratio:
- The Supreme Court emphasized that execution is the final stage of litigation; once a judgment is final and executory, issuing a writ of execution is a ministerial duty of the court.
- The Court noted that the Villaruels' motion to quash the writ of execution was inappropriate, as the sheriff had made several demands for payment from Solco, w...continue reading
Case Digest (G.R. No. 176533)
Facts:
The case involves Jerome Solco as the petitioner and Claudina V. Provido and Maria Teresa P. Villaruel as the respondents. The events leading to the case began on April 13, 1989, when Josefa Peñaa vda. de Villaruel and other members of the Villaruel family executed a Contract to Sell and Memorandum of Agreement with Solco concerning Lot No. 1454-C in Mandalagan, Bacolod City, for a total price of P3 million. The agreement stipulated an initial payment of P1.6 million upon signing, with the remaining P1.4 million due after the dismantling of existing structures and clearing the premises within six months. Following the execution of the contract, Solco entered the property and began construction. However, on September 19, 1989, the Villaruel family filed a complaint for rescission of the contract, alleging that Solco violated the agreement by entering the premises without notice and causing damage to their property. They claimed that construction materials obstructed access to the property and that Solco's actions threatened their safety.
In response, Solco contended that the Villaruels had not fulfilled their obligations under the contract, as the structures had not been removed, and the occupants had not vacated the premises. On March 29, 1996, the Regional Trial Court (RTC) ruled in favor of Solco, dismissing the Villaruels' complaint and ordering them to vacate the property and dismantle the structures. The Villaruels appealed this decision, and the Court of Appeals modif...