Domingo Carabeo entered into a contract in 1990 to sell his rights to a 648 square meter parcel of land to Norberto and Susan Dingco for P38,000. The Dingcos paid P10,000 initially and additional payments totaling P9,100. In 1994, the Dingcos learned Carabeo had registered the land in his name. They offered to pay the remaining P18,900 balance but Carabeo refused. The RTC ordered Carabeo to sell the land rights after payment of the balance but Carabeo argued the contract lacked object certainty as the boundaries were not specified. The Court of Appeals affirmed, finding the contract valid even without technical boundaries as the land could
Electronic Filing - Recorded 1915 MDA 2015 Form Report 3012 Reply Letter Request Filled Out Form For ORAL ARGUMENTS or JUST BRIEF February 13, 2016 With Proof of Service and Verification
Domingo Carabeo entered into a contract in 1990 to sell his rights to a 648 square meter parcel of land to Norberto and Susan Dingco for P38,000. The Dingcos paid P10,000 initially and additional payments totaling P9,100. In 1994, the Dingcos learned Carabeo had registered the land in his name. They offered to pay the remaining P18,900 balance but Carabeo refused. The RTC ordered Carabeo to sell the land rights after payment of the balance but Carabeo argued the contract lacked object certainty as the boundaries were not specified. The Court of Appeals affirmed, finding the contract valid even without technical boundaries as the land could
Domingo Carabeo entered into a contract in 1990 to sell his rights to a 648 square meter parcel of land to Norberto and Susan Dingco for P38,000. The Dingcos paid P10,000 initially and additional payments totaling P9,100. In 1994, the Dingcos learned Carabeo had registered the land in his name. They offered to pay the remaining P18,900 balance but Carabeo refused. The RTC ordered Carabeo to sell the land rights after payment of the balance but Carabeo argued the contract lacked object certainty as the boundaries were not specified. The Court of Appeals affirmed, finding the contract valid even without technical boundaries as the land could
Domingo Carabeo entered into a contract in 1990 to sell his rights to a 648 square meter parcel of land to Norberto and Susan Dingco for P38,000. The Dingcos paid P10,000 initially and additional payments totaling P9,100. In 1994, the Dingcos learned Carabeo had registered the land in his name. They offered to pay the remaining P18,900 balance but Carabeo refused. The RTC ordered Carabeo to sell the land rights after payment of the balance but Carabeo argued the contract lacked object certainty as the boundaries were not specified. The Court of Appeals affirmed, finding the contract valid even without technical boundaries as the land could
190823, April 4, 2011, 647 SCRA 200 Facts: July 10, 1990 - Petitioner Carabeo and respondent Spouses Dingco entered into a contract known as "Kasunduan sa Bilihan ng Karapatan sa Lupa" wherein Carabeo agreed to sell his rights over a 648 square meter parcel of unregistered land to the spouses for P38,000. An initial payment of Php 10,000 was tendered upon signing of the contract. The respondent spouses claim that Carabeo asked the Spouses to keep the payment for the remaining balance of the purchase price because he had not yet resolved a "squabble" he was having with the land. Thereafter, Carabeo received several payments from the spouses totaling Php 9,100. Despite the alleged problem over the land, spouses insisted on Carabeo’s acceptance of the remaining balance of P18,900 but Carabeo remained firm in his refusal, saying that he would register the land first. In 1994, Spouses Dingco learned that the problem over the land had been settled and that Carabeo registered the land in his name. Again, the respondent spouses offered to pay the balance but Carabeo declined. No settlement was reached before the Katarungan Pambarangay which prompted Spouses Dingco to file a complaint for specific performance before the RTC. Carabeo contended that the sale was void for lack of object certain because the Kasunduan did not have specified the metes and bounds of the land. After the case was submitted for decision or on January 31, 2001, Carabeo passed away. However, the records do not show that petitioner’s counsel informed RTC Bataan, where the complaint was lodged, of his death and that proper substitution was effected in accordance with the Rules of Court. RTC ordered Carabeo to sell his right over the 648 sq m of land pursuant to the contract by executing a Deed of Sale after the payment of Php 18,900 by the spouses. COURT OF APPEALS affirmed RTC’s decision. Hence this petition. Issue: Whether the elements of a valid contract is present. Ruling: Yes. The court answered in affirmative. Even though the Kasunduan did not specify the technical boundaries of the property, it does not render the nullity of the sale. The requirement that a sale must have for its object a determinate thing is satisfied as long as, at the time the contract is entered into, the object of the sale is capable of being made determinate without the necessity of a new or further agreement between the parties. Furthermore, the respondents herein are pursuing a property right arising from the kasunduan, whereas petitioner is invoking nullity of the kasunduan to protect his proprietary interest. Assuming arguendo, however, that the kasunduan is deemed void, there is a corollary obligation of the petitioner to return the money paid by respondents, and since the action involves property rights, it survives.
Electronic Filing - Recorded 1915 MDA 2015 Form Report 3012 Reply Letter Request Filled Out Form For ORAL ARGUMENTS or JUST BRIEF February 13, 2016 With Proof of Service and Verification