Thursday, September 8, 2016

CASE DIGEST: Gregorio Fule vs CA, Cruz and Belarmino G.R. No. 112212.
March 2, 1998 (286 SCRA 698) (Yellow Pad digest)
Gregorio Fule vs CA, Cruz and Belarmino (286 SCRA 698)

Facts:
 Gregorio Fule, a banker and jeweler, acquired a 10 hectare of property in
Rizal which used to be under the name of Fr. Jacobe on which (Jacobe)
mortgaged the land to the Bank of Alaminos to secure a loan of P10,000. The
mortgage was forclosed and the property later offered for public auction.
 1984, Gregorio asked Remilia and Oliva to look for a buyer (property), the
found Dr. Cruz, just so happens that Gregorio wants the 2.5 carat EMERALD
CUT EARRINGS of Dr. Ninevetch Cruz (MD), Gregorio offered to buy the
jewelry for P100,000, was refused, he then offered $6000 in the exchange rate
of $1 is to P25, was still refused. They agreed, however, on the land of Fule for
the jewelry.
 Dr. Cruz asked her counsel, Atty. Belarmino to check the land for any
impediments. There was. Gregorio then executed to a DEED OF
REDEMPTION to cut through the legal impediment. Land is now A-Okay 
 Dr. Cruz went to the bank with Gregorio to show the jewelry and said (non-
verbatim “Oy bobo check this shit out, tapat mo sa ilaw to see if it’s fake or
not. ICE ba?”. Gregorio checked it and was happy. Gregorio and the counsel
executed a DEED OF ABSOLUTE SALE. The Property was for P200,000 and the
Jewelry for P160,000, both agreed that Dr. Cruz will pay the remaining P40,000
by cash.
 Gregorio happy with his jewelry, went straight to a appraiser named *wait for
it* DIMAYUGAhahahahaha but anyway, Dimayuga said that the jewel is fake.
 Gregorio then filed a complaint before the RTC, praying for the CONTRACT
OF SALE be deemed null and void.
 RTC ruled in favor of Cruz stating that Gerggy boy was in badfaith. CA
affirmed.

Issue: W/ON CA erred in upholding the validity of the Contract of Sale

Held: No. The NCC provides that the Contract of Sale is consensual, and is
perfected when the minds met. Contract may be rendered void if (1) Party has
no capacity to give consent, and (2) if consent was gained because
of VIMFU (Violence, Intimidation, Mistake, Fraud, and Undue Influence). Dr.
Cruz was not Fraudulent. SC said that Greggy Boy was also a jeweler, he was
given time to inspect the jewel before perfecting the contract.