Title
Tong vs. Court of Appeals
Case
G.R. No. 77465
Decision Date
May 21, 1988
Spouses defaulted on vehicle payments, transferred apartment rights via deed to Bayanihan, refused to vacate; SC upheld deed's validity, denied appeal.
A

Case Digest (G.R. No. 77465)

Facts:

# Ownership and Leasehold Rights

  • Petitioners, Spouses Uy Tong (Henry Uy) and Kho Po Giok, owned Apartment No. 307 in the Ligaya Building, along with a 99-year leasehold right over the land where the building stands. The land is registered under Ligaya Investments, Inc.

# Purchase of Motor Vehicles

  • In February 1969, the Spouses purchased seven motor vehicles from Bayanihan Automotive Corporation (Bayanihan) for P47,700.00, payable in three installments. The agreement stipulated that if the Spouses failed to pay the balance, Bayanihan would automatically become the owner of Apartment No. 307 upon payment of P3,535.00 to the Spouses.

# Default and Legal Action

  • The Spouses defaulted on their payments, prompting Bayanihan to file a case for specific performance (Civil Case No. 80420) in the Court of First Instance of Manila. The court ruled in favor of Bayanihan, ordering the Spouses to pay P40,000.00 or execute a deed of assignment for the apartment and leasehold rights.

# Execution of Deed of Assignment

  • Pursuant to the court’s decision, the Spouses executed a deed of assignment on May 27, 1972, transferring their rights over Apartment No. 307 and the leasehold rights to Bayanihan. The Spouses acknowledged receipt of P3,000.00 from Bayanihan.

# Continued Possession and Ejectment Case

  • Despite the deed of assignment, the Spouses remained in possession of the apartment. Bayanihan filed an ejectment case, which was dismissed because Bayanihan was not the owner of the building. Bayanihan then filed a recovery of possession case (Civil Case No. 121532), which was decided in its favor.

# Appeal to the Court of Appeals

  • The Spouses appealed to the Court of Appeals, which affirmed the trial court’s decision. The Spouses then filed a petition with the Supreme Court, arguing that the deed of assignment was a pactum commissorium and thus void.

Issues:

  • Whether the deed of assignment is null and void for being a pactum commissorium.
  • Whether the genuineness and due execution of the deed of assignment were properly admitted.
  • Whether the condition for the execution of the deed of assignment was complied with.
  • Whether the Spouses’ refusal to vacate the premises was justified.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

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