G.R. No. 142411 CASE TITLE: Ursal vs. Court of Appeals, Et Al October 14, 2005 Facts
G.R. No. 142411 CASE TITLE: Ursal vs. Court of Appeals, Et Al October 14, 2005 Facts
G.R. No. 142411 CASE TITLE: Ursal vs. Court of Appeals, Et Al October 14, 2005 Facts
142411
CASE TITLE: Ursal vs. Court of Appeals, et al
October 14, 2005
FACTS:
In January 1985, Ursal and spouses Monesets entered into a Contract to Sell Lot
& House. The amount agreed upon was P130,000.00.Ursal is to pay P50k as down
payment and will continue to pay P3k monthly starting the next month until the balance
is paid off.
After 6 months, Ursal stopped paying the Monesets for the latter failed to give
her the transfer of certificate title.
In November 1985, the Monesets executed an absolute deed of sale w/ one Dr.
Canora. In September 1986, the Monesets mortgaged the same property to the Rural
Bank of Larena for P100k. The Monesets failed to pay the P100,000 hence the bank
filed for foreclosure.
Trial ensued and the RTC ruled in favor of Ursal. The trial court ruled that there
was fraud on the part of the Monesets for executing multiple sales contracts. That the
bank is not liable for fraud but preference to redeem should be given to Ursal. The
Monesets are ordered to reimburse Ursal plus to pay damages and fees. Ursal was not
satisfied as she believed that the bank was also at fault.
ISSUE:
The issue here is that whether or not the Contract to Sell vested ownership in
Ursal.
DECISION:
There should be no special preference granted to Ursal in redeeming the
property. What she had with the Monesets was contract to sell in which case ownership
was not transferred to her due the suspensive condition of full payment. Further, the
property was sold to other properties already.
LAW:
In contracts to sell the obligation of the seller to sell becomes demandable only
upon the happening of the suspensive condition, that is, the full payment of the
purchase price by the buyer. It is only upon the existence of the contract of sale that
the seller becomes obligated to transfer the ownership of the thing sold to the buyer.
Prior to the existence of the contract of sale, the seller is not obligated to transfer the
ownership to the buyer, even if there is a contract to sell between them.
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