Case Digest (G.R. No. 152526)
Facts:
Ramon R. Jimenez Jr. and Annabelle L. Jimenez, petitioners, v. Juan Jose Jordana, respondent, G.R. No. 152526, November 25, 2004, the Supreme Court Third Division, Panganiban, J., writing for the Court.The dispute arose over a parcel of residential land in Ayala Alabang (TCT No. 17133) owned by Madeliene S. Bunye. On December 27, 1993, Jordana offered to buy the property for P12,300,000 and proposed to remit P500,000 as earnest money; Bunye accepted by letter received by Jordana on December 29, 1993, and he attempted to remit the P500,000 on January 3, 1994, but Bunye refused to receive it and later informed him she would not sell at that price and would instead accept P16,000,000.
Unknown to Jordana, Bunye had executed a Special Power of Attorney (December 29, 1993) authorizing Lourdes Cuerva to sell the property; Cuerva negotiated with and obtained the agreement of the Jimenezes to buy for P14,350,000. On August 5, 1994 Bunye, through Cuerva, executed a Contract to Sell in favor of the Jimenezes, who paid a P4,500,000 downpayment and annotated an Affidavit of Adverse Claim on the dorsal of TCT No. 17133 (August 15, 1994).
In March 1995 a chain of events followed: petitions by the Jimenezes to complete payment, cancellation of their adverse claim by the Register, Jordana’s filing of a complaint for Specific Performance against Bunye (Civil Case No. 95-443) on March 15, 1995 and a Notice of Lis Pendens, Jordana’s subsequent efforts to compel annotation of the lis pendens, the Jimenezes’ Motion to Intervene (filed March 28, 1995), and Jordana’s filing of a Notice of Adverse Claim (annotated March 31, 1995). On March 30, 1995 Bunye executed, pendente lite, a Deed of Absolute Sale in favor of the Jimenezes; the Register of Deeds cancelled TCT No. 17133 and issued TCT No. 200308 in the Jimenezes’ names (April 1995), carrying over Jordana’s Adverse Claim as an entry. The Jimenezes later mortgaged the property to Urban Bank (mortgage annotated June 14, 1995).
Jordana amended his complaint (September 12, 1995) to implead the Jimenezes; he later filed a Supplement to Amended Complaint (Feb. 7, 1996) impleading Urban Bank. The trial court (RTC Makati) admitted the supplement but on February 1, 2000 dismissed the Amended Complaint and Supplement as not stating causes of action against the Jimenezes and Urban Bank. The Court of Appeals, in CA‑GR CV No. 66455 (Decision penned by Justice Romeo J. Callejo Sr., Eleventh Division), reversed on February 28, 2002, f...(Pro-only)
Issues:
- Has Jordana alleged a sufficient cause of action against the Spouses Jimenez?
- Did Jordana and Bunye execute a contract of sale or a contract to sell the subject property?
- Did Jordana make a valid tender and consignation of payment to Bunye?
- Did the Spouses Jimenez register their title to the subject property in good faith? ...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)