Title
Villaruel vs. Tan King
Case
G.R. No. L-17254
Decision Date
Mar 29, 1922
A 1918 property sale dispute: Villaruel sued Tan King for unpaid balance, seeking resolution and damages. SC ruled no *pacto comisorio* applied; Villaruel must vacate, pay rent, and compensate for merchandise. Tan King to pay balance.

Case Summary (G.R. No. L-17254)

Contractual Agreement Overview

The contract stipulated that Tan King agreed to purchase the aforementioned property for a total of P2,700, with an initial payment of P1,700. The remaining balance of P1,000 was to be paid within one year, secured by a voluntary mortgage on the property. Notably, the agreement included terms that would allow Villaruel to occupy the property rent-free until the debt was fully paid while also granting Tan King the right to collect rent from an annex on the premises.

Breach of Contract and Legal Proceedings

Tan King failed to remit the outstanding balance of P1,000, prompting Villaruel to initiate legal proceedings to resolve the sale. He sought to recover the amount paid and inflict damages. In response, Tan King denied the allegations, arguing that he had acted within his rights as the true owner of the property and had deposited the disputed balance in court for Villaruel's benefit.

Court’s Findings and Rulings

The court ruled in favor of Villaruel, ordering the resolution of the sale due to non-payment and requiring him to refund Tan King the amount of P1,700. The court did not grant Villaruel's request for damages, citing a lack of proof.

Appellate Review of the Case

Tan King appealed the decision, alleging two primary errors: the court's miscategorization of the sale as conditional and its failure to recognize Tan King’s entitlement to damages and to require Villaruel to vacate the property.

Analysis of Pacto Comisorio

A central issue was whether the sale effectively included the pacto comisorio, a contractual provision allowing the seller to cancel the sale in the event of default. The court noted that while the property transaction did not strictly fall under Article 1124 of the Civil Code due to its nature as real property, it was bound by the terms outlined in the agreement and Article 1504.

Conclusion on the Contractual Terms

The court clarified that as the sale had been completed, Tan King's actions to mortgage the property constituted an acknowledgment of ownership, thereby waiving any rights to invoke pacto comisorio. The court further reasoned that Villaruel did not issue a formal demand to resolve the contra

...continue reading

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster, building context before diving into full texts. AI-powered analysis, always verify critical details.