Title
Vive Eagle Land, Inc. vs. National Home Mortgage Fice Corp.
Case
G.R. No. 230817
Decision Date
Sep 4, 2019
VELI failed to pay installments for a foreclosed property due to CARP issues; NHMFC validly rescinded the contract to sell, upheld by courts.

Case Summary (G.R. No. 230817)

Background of the Dispute

On November 17, 1999, Vive executed a Deed of Sale with NHMFC for foreclosed property, paying an initial downpayment of P4,000,000. Despite this, Vive failed to pay subsequent installments due to unresolved issues regarding the property’s title and classification under the Comprehensive Agrarian Reform Program. NHMFC later rescinded the Deed of Sale citing Vive's non-payment.

Legal Proceedings

Vive filed a complaint declaring the rescission null and requested a suspension of payment due to these issues. The Regional Trial Court (RTC), initially ruled in favor of NHMFC, validating its rescission of the Deed of Sale. Following a motion for reconsideration, a different RTC branch overturned this decision, declaring the rescission void, which NHMFC subsequently contested.

Court Decisions

The Court of Appeals (CA) upheld the RTC's initial validation of NHMFC's rescission, determining that the agreement constituted a contract to sell, thus allowing NHMFC to cancel the contract following Vive’s default. The CA concluded that ownership did not transfer to Vive until full payment was made.

Arguments by the Parties

Vive contended that the transaction constituted a valid contract of sale, arguing it had already acquired ownership. It claimed it was not in default due to a claimed moratorium on payments and that NHMFC had acted in bad faith when it sold the property to Cavacon.

Legal Analysis of Contractual Terms

The court reiterated that a contract to sell retains ownership with the vendor until full payment is made, emphasizing that Vive's failure to pay justified NHMFC’s actions. It rejected Vive’s claims of a moratorium due to the absence of board approval from NHMFC, reinforcing the principle that a corporation can only act through its board.

Applicability of the Maceda Law

Vive sought to invoke the Realty Installment Buyer Protection Act (Maceda Law), arguing that NHMFC’s cancellation failed to meet the Law's required procedures. However, the court determined the Maceda Law is inapplicable here, as it does not cover transactions involving a real estate corporation engaged in commer

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