Case Digest (G.R. No. 34697)
Facts:
Jesus Teran, Plaintiff and Appellee, vs. Francisca Villanueva, Viuda de Riosa et al., Defendants and Appellants, G.R. No. 34697. March 26, 1932. The Supreme Court En Banc, Villamor, J., writing for the Court.On October 6, 1928 the parties executed a deed of sale (Exhibit A) by which the defendants sold to Jesus Teran a described parcel of land for P4,000, the deed stating an area of 34 hectares, 52 ares, and 43 centares. Teran paid the purchase price and took possession. Prior to consummation an agent of the vendors, Rafael Villanueva, accompanied Teran in an inspection and furnished him with a tax declaration reflecting the same area shown in the deed; Rafael pointed out some boundaries but did not traverse all of them.
After the 1928 harvest Teran alleged he discovered the boundaries pointed out were not the true boundaries and procured from the cadastral office a sketch (Exhibit B) showing the parcel to contain about ten hectares. Teran sued for rescission of the sale and for damages on the ground of deficiency in area and alleged misrepresentation.
The trial court (court of first instance) made findings that there was no evidence of bad faith on the part of the defendants. An intermediate judgment in favor of Teran was later rendered (the opinion refers to a judgment “appealed from”), and the defendants appealed to the Supreme Court. The case reached the Court on appeal; Villamor, J. authored the decision for the Court which revi...(Pro-only)
Issues:
- When real estate is sold for a lump sum and described by boundaries (cuerpo cierto), may the purchaser rescind the contract because the area proved to be less than that stated in the deed?
- Did the defendants’ conduct and statements amount to actionable misrepresentation or bad faith that would justify rescission despite a lump-sum sale and the purcha...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)