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    Eman Recio VS Heirs of The Spouses Aguedo

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    Arvy Agustin
    This case involves an oral contract for the sale of property between Eman Recio and Alejandro, who claimed to represent the heirs of the Altamiranos. Recio had made partial payments that were acknowledged by receipts. However, the property was later sold to the Spouses Lajarca by the Altamiranos. The lower court ruled the sale to Lajarca was null and void and ordered a sale to Recio. The Court of Appeals affirmed but modified that the sale between Alejandro and Recio was only valid for Alejandro's aliquot share, making Recio a co-owner with Lajarca. The Supreme Court affirmed the Court of Appeals'

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    Eman Recio VS Heirs of The Spouses Aguedo

    Uploaded by

    Arvy Agustin
    34 views2 pages
    This case involves an oral contract for the sale of property between Eman Recio and Alejandro, who claimed to represent the heirs of the Altamiranos. Recio had made partial payments that were acknowledged by receipts. However, the property was later sold to the Spouses Lajarca by the Altamiranos. The lower court ruled the sale to Lajarca was null and void and ordered a sale to Recio. The Court of Appeals affirmed but modified that the sale between Alejandro and Recio was only valid for Alejandro's aliquot share, making Recio a co-owner with Lajarca. The Supreme Court affirmed the Court of Appeals'

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    EMAN RECIO VS HEIRS OF THE SPOUSES AGUEDO

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    This case involves an oral contract for the sale of property between Eman Recio and Alejandro, who claimed to represent the heirs of the Altamiranos. Recio had made partial payments that were acknowledged by receipts. However, the property was later sold to the Spouses Lajarca by the Altamiranos. The lower court ruled the sale to Lajarca was null and void and ordered a sale to Recio. The Court of Appeals affirmed but modified that the sale between Alejandro and Recio was only valid for Alejandro's aliquot share, making Recio a co-owner with Lajarca. The Supreme Court affirmed the Court of Appeals'

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    34 views2 pages

    Eman Recio VS Heirs of The Spouses Aguedo

    Uploaded by

    Arvy Agustin
    This case involves an oral contract for the sale of property between Eman Recio and Alejandro, who claimed to represent the heirs of the Altamiranos. Recio had made partial payments that were acknowledged by receipts. However, the property was later sold to the Spouses Lajarca by the Altamiranos. The lower court ruled the sale to Lajarca was null and void and ordered a sale to Recio. The Court of Appeals affirmed but modified that the sale between Alejandro and Recio was only valid for Alejandro's aliquot share, making Recio a co-owner with Lajarca. The Supreme Court affirmed the Court of Appeals'

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    EMAN RECIO VS HEIRS OF THE SPOUSES AGUEDO

    G.R. No. 182349, July 24, 2013

    “Essential Elements of a Contract of Sale”

    FACTS:

    The petitioner entered into an oral contract with the respondent to purchase the property
    of the Altamiranos. The respondent, Alejandro claimed to represent the other heirs of the said lot.
    Partial payments have been made and acknowledge by the respondent through the issuance of
    receipts. Petitioner offered to pay the remaining balance of P340,000 to complete the agreed sale
    price of P500,000 by Nena Recio, the mother. However, respondent Alejandro keeps on avoiding
    the petitioner.

    The property on issue was subsequently sold to respondents , spouses Lajarca by the
    Altamiranos. The petitioner filed an Amended Complaint and annulment of the sale between the
    Altamiranos and Lajarca.

    The lower court favor the petitioner and declaring the Deed of Absolute Sale entered into
    and by the Altamiranos and Lajarcas as NULL AND VOID and directing the defendants
    Altamiranos to execute a Deed of Absolute Sale in favor of the plaintiff with payment for civil
    damages.

    Spouses Lajarca filed an appeal assailing the above RTC decision.

    The Court of Appeals affirmed the lower court’s decision with modification that the
    contract of sale between Alejandro and Recio is VALID only with respect to the aliquot share of
    Alejandro in the said lot. Further, the CA declared Recio as a co-owner of the Spouses Lajarca
    over the property. The civil damages awarded to Recio are affirmed.

    ISSUE:

    Whether or not the Court of Appeals gravely and seriously erred in modifying the RTC decision.

    HELD:

    The Court finds no reversible error with the decision of the Court of Appeals.

    The core of the present petition is the validity of the verbal contract of sale between Alejandro
    and the petitioner; and the Deed of Absolute Sale between the Altamiranos and the Spouses
    Lajarca involving the subject property.
    A valid contract of sale requires: (a) meeting of minds of the parties to transfer ownership of the
    thing sold in exchange for a price; (b) the subject matter; and (c) the price certain in money or its
    equivalent.

    In the instant case, all these elements are present therefore the contract of sale is valid. However,
    there is no evidence to show that the co-owner or other heirs consented to Alejandro’s sale
    transaction with the petitioner. Hence, it was ruled that Alejandro only sold his aliquot share of
    the subject property to the petitioner, having no SPA to show authorizing Alejandro to sell the
    subject property.

    The decision of the Court of Appeals is AFFIRMED

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