Title
Taok vs. Conde
Case
G.R. No. 254248
Decision Date
Nov 6, 2023
Petitioner sought rescission of a land sale agreement due to nonpayment of installments. The Court ruled the agreement a contract of sale, upheld rescission for substantial breach, and ordered return of partial payment with interest.
A

Case Digest (G.R. No. 254248)

Facts:

On September 14, 2009, Virgilio A. Taok filed in the Regional Trial Court, Bogo, Cebu a complaint for rescission of contract, damages, and attorney's fees against Supremido Conde and Raul Conde arising from an Agreement dated January 29, 2007 by which Taok sold a 943 sqm parcel (Lot No. 906‑B‑1) for PHP 1,000,000 with a down payment of PHP 165,000 and the balance of PHP 835,000 payable in PHP 20,000 monthly bank installments beginning February 2007. Respondents made no monthly payments, alleged an oral modification delaying payments to May 2007 and later tendered payment in 2009; the RTC on July 8, 2015 rescinded the Agreement, the Court of Appeals on March 7, 2018 reversed and ordered specific performance and payment, and petitioner sought review under Rule 45.

Issues:

  • Was the Agreement a contract of sale or a contract to sell?
  • Did respondents materially breach the Agreement with respect to payment of the purchase price?
  • Was rescission of the Agreement proper and what relief followed?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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