Case Digest
Republic of the Philippines
SUPREME COURT
Manila
EN BANC
G.R. No. L-12342
August 3, 1918
A.A. ADDISON, plaintiff-appellant,
Vs.
MARCIANA FELIX and BALBINO TIOCO, defendants-appellees.
FACTS: By a public instrument dated June 11, 1914 plaintiff Addison sold to the defendant Marciana Felix and husband Balbino Tioco, 4 parcels of land. Defendants paid, at the time of the execution of the deed, the sum of P3,000.00 on account of the purchase price, and bound herself to pay the remainder in installments. It was further stipulated that the purchaser was to deliver to the vendor 25 per centum of the value of the products that she might obtain from the 4 parcels “from the moment she takes possession of them until the Torrens certificate of title be issued in her favor.” It was likewise covenanted that “within one year from the date of the certificate of title in favor of Marciana Felix, she may rescind the contract of sale in which she shall be obliged to return to Addison the net value of all the products of the 4 parcels sold, and Addison shall be obliged to return to her all the sums that she may have paid, together with interest at the rate of 10 percent per annum.
However, Addison was able to designate only 2 of the 4 parcels and more than two-thirds of these two were found to be in the possession of one Juan Villafuerte, who claimed to be the owner of the parts so occupied by him.
Addison filed suit in Court of First Instance (CFI) in Manila to compel Felix to make payment of the first installment, in accordance with the terms of the contract and of the interest at the stipulated rate. Defendant answered and alleged that the plaintiff had failed to deliver the lands that were the subject matter of the sale.
ISSUES:
I. Whether or not the delivery had been effected by reason of the issuance of the Torrens Certificate of title, notwithstanding the fact that the thing sold was not subject to the control of the vendor.
II. Whether or not the purchaser can
SUPREME COURT
Manila
EN BANC
G.R. No. L-12342
August 3, 1918
A.A. ADDISON, plaintiff-appellant,
Vs.
MARCIANA FELIX and BALBINO TIOCO, defendants-appellees.
FACTS: By a public instrument dated June 11, 1914 plaintiff Addison sold to the defendant Marciana Felix and husband Balbino Tioco, 4 parcels of land. Defendants paid, at the time of the execution of the deed, the sum of P3,000.00 on account of the purchase price, and bound herself to pay the remainder in installments. It was further stipulated that the purchaser was to deliver to the vendor 25 per centum of the value of the products that she might obtain from the 4 parcels “from the moment she takes possession of them until the Torrens certificate of title be issued in her favor.” It was likewise covenanted that “within one year from the date of the certificate of title in favor of Marciana Felix, she may rescind the contract of sale in which she shall be obliged to return to Addison the net value of all the products of the 4 parcels sold, and Addison shall be obliged to return to her all the sums that she may have paid, together with interest at the rate of 10 percent per annum.
However, Addison was able to designate only 2 of the 4 parcels and more than two-thirds of these two were found to be in the possession of one Juan Villafuerte, who claimed to be the owner of the parts so occupied by him.
Addison filed suit in Court of First Instance (CFI) in Manila to compel Felix to make payment of the first installment, in accordance with the terms of the contract and of the interest at the stipulated rate. Defendant answered and alleged that the plaintiff had failed to deliver the lands that were the subject matter of the sale.
ISSUES:
I. Whether or not the delivery had been effected by reason of the issuance of the Torrens Certificate of title, notwithstanding the fact that the thing sold was not subject to the control of the vendor.
II. Whether or not the purchaser can