MELANIE M. MESINA, DANILO M. MESINA, and SIMEON M. MESINA, Petitioners, vs. GLORIA C.

GARCIA,
Respondent.

G.R. No. 168035 November 30, 2006

https://lawphil.net/judjuris/juri2006/nov2006/gr_168035_2006.html

**Summary of Facts:**

- Atty. Honorio Valisno Garcia and Felicisima Mesina entered into a Contract to Sell over a lot in
Cabanatuan City on April 26, 1977.

- The lot, initially under Felicisima Mesina's name, was eventually titled under the petitioners' names.

- The Contract to Sell stipulated the cost of the lot, payable over seven years, and conditions for
rescission.

- Respondent claims to have fully paid for the lot on February 7, 1984, but petitioners refused to issue
the Deed of Sale.

**Issues:**

1. Whether respondent’s cause of action had already prescribed.

2. Whether petitioners are in estoppel.

3. Whether the Court of Appeals failed to consider the lack of competent evidence proving respondent's
cause of action.

**Ruling:**

1. The right of action accrued upon full payment on February 7, 1984. The series of written demands
interrupted the prescriptive period; hence, the cause of action did not prescribe.

2. Petitioners are estopped from denying acceptance of late payments and inducing respondent to
believe she had validly paid in full.

3. Competent evidence, including receipts, affidavits, and demand letters, supports respondent's claim
of full payment.
**Decision:**

1. Petitioners are ordered to issue the Deed of Absolute Sale to respondent for the property.

2. Respondent must vacate and return the excess land or compensate petitioners for it.

3. Claims for damages and attorney’s fees are dismissed.

*Note: This is a brief summary, and details of the case are available in the full text of the decision.*