Title
Rosario vs. Rosario
Case
G.R. No. L-13018
Decision Date
Dec 29, 1960
Plaintiffs sought reconveyance of land after failing to repurchase within the stipulated period. SC ruled ownership consolidated in defendant by law upon expiration, dismissing the complaint.

Case Summary (G.R. No. 132376)

Facts of the Case

The plaintiffs entered into a contract for the sale of land with a stipulated right to repurchase valid for one year, commencing from June 8, 1953. After the one-year period elapsed without any successful attempts by the plaintiffs to exercise their right of repurchase, they filed an action seeking reconveyance of the property, asserting their entitlement to the land despite the expiration of the redemption period. The defendant acknowledged the material allegations in the plaintiffs' complaint but sought dismissal based on the argument of lack of cause of action.

Legal Proceedings and Decision

The Court of First Instance rendered a judgment favoring the defendant, dismissing the plaintiffs' complaint. The plaintiffs’ subsequent motion for reconsideration was denied, prompting them to appeal the decision. The appellants’ central argument focused on the assertion that the appellee had not acquired title to the property without a formal consolidation of ownership, as stipulated in Article 1607 of the new Civil Code, which outlines the procedural requirements following the vendor's failure to comply with the contract terms.

Interpretation of Relevant Legal Provisions

The court clarified that Article 1607 merely mirrors Article 1509 of the former Civil Code, establishing that ownership is automatically transferred to the vendee upon the vendor’s failure to comply with the contract terms, thus consolidating ownership by operation of law. The opinion emphasized that the vendor loses rights to the property in this scenario. Furthermore, the judicial order mentioned in Article 1607 is necessary solely for the purpose of registering the consolidated title in the Registry of Property; it does not negate the legal effect of ownership transfer that occurs automatically through the failure to repurchase.

Misapplication of Legal Norms

The plaintiffs further failed to correctly apply Article 1606 of the new Civil Code, which addresses situations where there is a dispute regarding the true nature of the contract—whether it is indeed a sale with a right to repurchase or an

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