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    Case Bullets - Sales 062616

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    Radel Llagas
    The document summarizes two Supreme Court cases regarding land ownership disputes: 1) In the first case, the Court ruled that there was a perfected contract to sell land between Consuelo Pangan and the Perreras, as Consuelo was entitled to sell her share of the co-owned property independently, even without her children's consent. Payment of earnest money also evidenced the deal. 2) In the second case, the Court found that Miguel Socco's 1954 contract to sell land he expected to inherit to Arturo Reyes was not valid, as Socco did not own the land at the time. Therefore, Reyes' heirs could not claim ownership of the land over the respondent who later

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    Case Bullets - Sales 062616

    Uploaded by

    Radel Llagas
    54 views3 pages
    The document summarizes two Supreme Court cases regarding land ownership disputes: 1) In the first case, the Court ruled that there was a perfected contract to sell land between Consuelo Pangan and the Perreras, as Consuelo was entitled to sell her share of the co-owned property independently, even without her children's consent. Payment of earnest money also evidenced the deal. 2) In the second case, the Court found that Miguel Socco's 1954 contract to sell land he expected to inherit to Arturo Reyes was not valid, as Socco did not own the land at the time. Therefore, Reyes' heirs could not claim ownership of the land over the respondent who later

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    The document summarizes two Supreme Court cases regarding land ownership disputes: 1) In the first case, the Court ruled that there was a perfected contract to sell land between Consuelo Pangan and the Perreras, as Consuelo was entitled to sell her share of the co-owned property independently, even without her children's consent. Payment of earnest money also evidenced the deal. 2) In the second case, the Court found that Miguel Socco's 1954 contract to sell land he expected to inherit to Arturo Reyes was not valid, as Socco did not own the land at the time. Therefore, Reyes' heirs could not claim ownership of the land over the respondent who later

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    54 views3 pages

    Case Bullets - Sales 062616

    Uploaded by

    Radel Llagas
    The document summarizes two Supreme Court cases regarding land ownership disputes: 1) In the first case, the Court ruled that there was a perfected contract to sell land between Consuelo Pangan and the Perreras, as Consuelo was entitled to sell her share of the co-owned property independently, even without her children's consent. Payment of earnest money also evidenced the deal. 2) In the second case, the Court found that Miguel Socco's 1954 contract to sell land he expected to inherit to Arturo Reyes was not valid, as Socco did not own the land at the time. Therefore, Reyes' heirs could not claim ownership of the land over the respondent who later

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    © All Rights Reserved
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    of 3

    GR No.

    157374
    Heirs of Cayetano Pangan and Consuelo Pangan vs. Spouses Rogelio
    Perreras and Priscilla Perreras
    Facts:

    Consuelo Pangan agreed to sell their lot and two-door apartment in


    Sampaloc, Manila to spouses Perreras for P540,000 and received P20,000 as
    earnest money from the latter.
    Spouses Perreras issued two checks payable to Consuelo amounting to
    P450,000, however, Consuelo refused to accept the checks because of the
    refusal of her children/heirs.
    Complaint for consignation filed by Consuelo in RTC Manila
    Institution of action of specific performance by the Perreras in RTC Manila to
    execute a Deed of Absolute Sale over the subject properties.
    Consuelos Answer: because of her husbands death, their children as heirs
    became co-owners of the subject properties and their consent are needed to
    execute the sale.
    RTC ruled in favor of the Perreras: it upheld the existence of a perfected
    contract of sale, at least insofar as the sale involved Consuelos conjugal and
    hereditary shares in the subject properties.
    CA ruling: it found that the payment and receipt of earnest money was the
    operative act that gave rise to a perfected contract, and that there was
    nothing in the parties agreement that would indicate that it was subject to a
    suspensive condition.

    Issue:
    Was there a perfected contract executed by the Pangans and Perreras?
    Held:
    There was a perfected contract between the parties since all the essential requisites
    of a contract were present.
    Article 1318 of the Civil Code declares that no contract exists unless the following
    requisites concur: (1) consent of the contracting parties; (2) object certain which is
    the subject matter of the contract; and (3) cause of the obligation established. Since
    the object of the parties agreement involves properties co-owned by Consuelo and
    her children, the petitioners-heirs insist that their approval of the sale initiated by
    their mother, Consuelo, was essential to its perfection. Accordingly, their refusal
    amounted to the absence of the required element of consent.
    However, a thing sold without the consent of all the co-owners does not invalidate
    the sale or render it void. Article 493 of the Civil Code recognizes the absolute right
    of a co-owner to freely dispose of his pro indiviso share as well as the fruits and

    other benefits arising from that share, independently of the other co-owners. Thus,
    when Consuelo agreed to sell to the respondents the subject properties, what she in
    fact sold was her undivided interest that, as quantified by the RTC, consisted of onehalf interest, representing her conjugal share, and one-sixth interest, representing
    her hereditary share.
    Furthermore, the existence of a perfected contract between the parties are
    evidenced by the payment and receipt of P20,000.00, an earnest money by the
    contracting parties common usage. Article 1482 of the Civil Code provides that
    whenever earnest money is given in a contract of sale, it shall be
    considered as part of the price and proof of the perfection of the contract.
    SC ruled in favor of the respondents.

    GR No. 176474
    Heirs of Arturo Reyes vs. Elena Socco-Beltran
    Facts:
    Elena Socco-Beltran inherited a parcel of land identified as Lot No. 6-B situated in
    Zamora St., Dinalupihan, Bataan which she inherited from her deceased sister
    Constancia Socco pursuant to an unnotarized document entitled Extrajudicial
    Settlement of the Estate of Deceased Constancia Socco. The subject property was
    adjudicated to Elena, but no title had been issued in her name.
    In 1998, Elena then filed an application for the purchase of the subject property
    before the DAR.
    However, heirs of one Arturo Reyes filed their protest to Elenas petition/application
    before the DAR on the ground that the subject property was sold by Elenas brother
    and co-heir of Constancias estate, Miguel Socco, in favor of their father, Arturo
    Reyes, as evidenced by the Contract to Sell, dated 5 September 1954, stipulating
    that: Miguel Socco is one of the co-heirs of the Estate of the deceased Constancia
    and that he would inherit a portion of the subject properties and that in
    consideration of the sum of 5 pesos per square meter, he would sell, convey and
    transfer by way of a conditional sale of said subject property to Atty. Arturo C.
    Reyes, his heirs, administrator and assigns.
    Issue:

    WON the petitioners have a better right to the subject property over the
    respondents pursuant on the Contract to Sell executed between Miguel Socco and
    Arturo Reyes in 1954?
    Held:
    No, petitioners dont have a better right to the subject property over the
    respondents. Petitioners cannot derive title to the subject property by virtue of the
    Contract to Sell. It was unmistakably stated in the Contract and made clear to both
    parties thereto that the vendor, Miguel R. Socco, was not yet the owner of the
    subject property and was merely expecting to inherit the same as his share as a coheir of Constancias estate. It was also declared in the Contract itself that Miguel R.
    Soccos conveyance of the subject to the buyer, Arturo Reyes, was a conditional
    sale. It is, therefore, apparent that the sale of the subject property in favor of Arturo
    Reyes was conditioned upon the event that Miguel Socco would actually inherit and
    become the owner of the said property. Absent such occurrence, Miguel R. Socco
    never acquired ownership of the subject property which he could validly transfer to
    Arturo Reyes.
    Under Article 1459 of the Civil Code on contracts of sale, The thing must be licit and
    the vendor must have a right to transfer ownership thereof at the time it is
    delivered. The law specifically requires that the vendor must have ownership of the
    property at the time it is delivered. Petitioners claim that the property was
    constructively delivered to them in 1954 by virtue of the Contract to Sell. However,
    as already pointed out by this Court, it was explicit in the Contract itself that, at the
    time it was executed, Miguel R. Socco was not yet the owner of the property and
    was only expecting to inherit it. Hence, there was no valid sale from which
    ownership of the subject property could have transferred from Miguel Socco to
    Arturo Reyes. Without acquiring ownership of the subject property, Arturo Reyes
    also could not have conveyed the same to his heirs, herein petitioners.

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