SUGGESTED READINGS (6)

Civil Law Review II

CM School of Law

SUGGESTED READINGS
(Law on Sales-continuation/Lease/Partnership)

1. Victoria Claravall vs. Ricardo Lim, et.al., G.R. No. 152695, G.R. No. 152695,
July 25, 2011. (For failure of the vendor to repurchase the property within the
stipulated period of the contract, her right expired and the vendee-a-retro is
entitled to the full ownership of the subject properties. Thus, consolidation of
ownership follows.)
2. Felipe Solitarios and Julia Torda vs. Sps. Gaston and Lilia Jaque, G.R. No.
199852, November 12, 2014 (740 SCRA 226). (In determining the nature of
the contract, courts are not bound by the title or name given by the parties.
The decisive factor in evaluating such agreement is the intention of the
parties, as shown not necessarily by the terminology used in the contract, but
by their conduct, words, actions and deeds prior to, during and immediately
after executing the agreement.)
3. Sps. Cesar R. Romulo and Nenita S. Romulo vs. Sps. Moises P.`Layug, Jr. and
Felisarin Layug, G.R. No. 151217, September 8, 2006. (Where any of the
circumstances showing badges of an equitable mortgage is present, the
contract of the parties is not a true sale of the property).
4. Benjamin Bautista vs. Shirley G. Unangst, et.al. G.R. No. 173002, July 4,
2008. (The decisive factor in determining the true nature of the transaction
between the parties is the intent of the parties as shown by all the surrounding
circumstances, such as the relative situations of the parties at that time, the
attitudes, acts, conduct and declarations of the parties, the negotiations
between them leading to the deed, and generally, all pertinent facts having a
tendency to fix and determine the real nature of their design and
understanding.) .
5. Spouses John T. Sy and Leny N. Sy, et. al., vs. Maria Lourdes de Vera, et. al.,
G.R. No. 239088, April 3, 2019. (Jurisprudence consistently shows that the
presence of even one of the circumstances enumerated in Article 1602 suffices
to convert a purported contract of sale into an equitable mortgage, The
existence of any of the circumstances defined in Article 1602 of the New Civil
Code, not the concurrence nor an overwhelming number of such
circumstances, is sufficient for a contract of sale to be presumed an equitable
mortgage.)
6. Sps. Roman A. Pascual and Mercedita R. Pascual, et. al. vs. Sps. Antonio
Ballesteros and Lorenza Melchor-Ballesteros, G.R. No. 186269, February 15,
2012. (The mandatory nature of the written notice requirement is such
that, notwithstanding the actual knowledge of the sale, written notice from
the seller is still necessary in order to remove all uncertainties about the
sale, its terms and conditions, as well as its efficacy and status. Article 1623 of
the NCC is very clear that the right of legal pre-emption or redemption shall
not be exercised except within thirty days from the notice in writing by the
prospective vendor, or by the vendor, as the case may be.)
7. Adalia B. Francisco vs. Zenaida F. Boiser, G.R. No. 137677, May 31, 2000.
(The written notice should be given by the seller (vendor) because he/she is in
the best position to know who are his/her co-owners that under the law must
be notified of the sale. Also, the notice by the seller removes all doubts as to
fact of the sale, its perfection, and its validity, the notice being a
reaffirmation thereof; so that the party notified need not entertain doubt that
the seller may still contest the alienation. This assurance would not exist if the
notice should be given by the buyer.)
8. Emiliano S. Samson vs. Sps. Jose and Guillerma Gabor, et.al. G.R. No. 182970,
July 23, 2014. (Once a redemptioner ceased to be a co-owner of the property
due to subsequent conveyance of his/her share, he losses his right of legal
redemption over the property.)
9. Estate of Llenado vs. Llenado, G.R. No. 145736, March 4, 2009. (A contract
of lease is generally transmissible to the heirs of the lessor or lessee. It
involves a property right and, as such, the death of a party does not excuse
non-performance of the contract. The rights and obligations pass to the heirs
of the deceased and the heir of the deceased lessor is bound to respect the
period of the lease.)
10. Sime Darby Pilipinas, Inc. vs. Goodyear Phils., Inc., et. al., G.R. No. 182148,
June 8, 2011. (In assignment of lease, novation by the substitution of the
person of one of the parties- the lessee occurs, thus, requires the consent of
the lessor.)
11. Maunlad Homes, Inc., etc. vs. Union Bank of the Philippines, G.R. No. 179898,
December 23, 2008. (It is not essential under the law on lease that the lessor
be the owner of the leased property. A mere lessee may be a lessor under a
sub-lease contract. Even a mere possessor may enter into a contract of lease
as lessee.)
12. Land Bank of the Philippines vs. AMS Farming Corporation, G.R. No. 174971,
October 15, 2008. (A lessee is not treated the same way as a builder in good
faith who believed himself to be the owner of the land, and as such built
thereon and incurred expenses in doing so; and who, under Articles 448 and
546 of the NCC, is vested the rights of retention and reimbursement for
necessary and useful expenses made on the land. A lessee, being conclusively
presumed to know that he is not the owner of the land that he is leasing, and
constructs a house or building or any other improvement or structure on the
leased land, only has the right granted to him by Article 1678 of the NCC to
remove the same in case the lessor elects not to appropriate the building or be
paid 50% of its value if appropriated by the lessor.)
13. Spouses Alejandro Manzanilla and Remedios Velasco vs. Waterfields
Industries Corp., etc., G.R. No. 177484, July 18, 2014. (A lessee who violated
the contract of lease and failed to vacate the premises upon demand is
vulnerable to an ejectment suit and suffer the risk of losing the improvements
introduced on the leased property.)
14. Sps. Samuel Parilla, et.al. vs. Dr. Prospero Pilar, G.R. No. 167680, November
30, 2006. (Being a lessee, he cannot be considered as builder in good faith,
and even if the lessee makes, in good faith, useful improvements on the
 property leased, the lessor upon termination of the lease may pay the lessee
½ of the value of the improvements at that time should he opt to appropriate
the improvements. The option, therefore is with the lessor whether to
appropriate or not.)
15. Aniceto G. Saludo Jr. vs. Philippine National Bank, G.R. No. 193138, August
20, 2018. (SAFA Law Firm is not a single proprietorship but a partnership
within the contemplation of the law. Article 1767 of the Civil Code provides
that by a contract of partnership two or more persons bind themselves to
contribute money, property, or industry to a common fund, with the intention
of dividing the profits among themselves. Two or more persons may also form
a partnership for the exercise of a profession. Under Article 1771, a
partnership may be constituted in any form, except where immovable
property or real rights are contributed thereto, in which case a public
instrument shall be necessary. Article 1784, on the other hand, provides that a
partnership begins from the moment of the execution of the contract, unless it
is otherwise stipulated.)
16. Aurelio K. Litonjua, Jr. vs. Eduardo K. Litonjua, Sr., et.al., G.R. No. 166299-
300, December 13, 2005. (The contract-validating inventory requirement
under Article 1773 of the NCC applies as long as real property or real rights are
initially brought into the partnership. Where a real property was contributed,
an inventory of the contributed property duly signed by the parties should be
attached to the public instrument, or else, there is legally no partnership to
speak of.)
17. Heirs of Tan Eng Kee vs. CA and Benguet Lumber Company, G.R. No. 126881,
396 Phil. 68, October 3, 2000. (Where there was no formal document to
prove the existence of partnership, the circumstances obtaining during the
operation of the business and other tests must be considered in detrmining
the existence of partnership or not. If there was no partnership that existed,
there could be no winding or dissolution to speak of.)

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