Case Digest (G.R. No. 254248)
Facts:
On September 14, 2009, Virgilio A. Taok (petitioner) filed a complaint with the Regional Trial Court, Branch 61, Bogo, Cebu against Supremido Conde and Raul Conde (respondents) for rescission of contract, damages, and attorney’s fees arising from an Agreement dated January 29, 2007 concerning a 943–square–meter parcel identified as Lot 906-P(B-1) in Agujo, Daanbantayan, Cebu. The Agreement recited a sale price of PHP 1,000,000 with a partial cash payment of PHP 165,000 and a balance of PHP 835,000 to be paid in monthly installments of PHP 20,000 “through BANK payments,” the first monthly installment being due on February 29, 2007 according to petitioner’s pleading. Petitioner alleged that respondents made no installment payments for over two years and seven months and that efforts to secure payment including barangay intervention failed, prompting his complaint for rescission. Respondents admitted the Agreement but alleged oral modifications delaying the commencement of installm...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alleged an oral modification delaying payments to May 2007 and later tendered payment in 2009; the RTC on July 8, 2015 rescinded the Agreement, the Court of Appeals on March 7, 2018 reversed and ordered specific performance and payment, and petitioner sought review under Rule 45.Issues: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)