Dailisan vs CA

G.R. NO. 176448 July 28, 2008

• By: Jerahmeel U. Cuevas

 Dailisan

Complaint

RTC

1/4

Pugao
Dailisan’s Side
 Pre bilhin ko
¼ ng lupa
mo

‘ge Deed of Sale

partition na
natin pre

‘yoko

alis ka na
rin dyan sa
lupa ko
Pugao’s Side
Deed of Sale
Heirs of Pugao
 Deed of Sale

Valid

RTC
 RTC decision reversed

CA

Ye boi
 Specific performance dapat
pina-file mo na kaso pareng
Dailisan kaso prescribed na
hehe

CA

Invalid din yung Deed of Sale kasi wala

consent ni Pugao and wala proof of
payment hehehe
 Issues:
WoN deed of sale is valid
WoN action has prescribed
Deed of sale is valid and
the action filed by
Dailisan has not
prescribed

SC
1st issue

Enjoys presumption of regularity

May only be rebutted by evidence

 Evidence presented

Sorrymasen Dailisan.
Mi hablo no Ingles.

Grade 2
 1984

1988

Prescribed

Alam ko yang
bentahan na yan
Deed of sale valid
 Co-owners

Has the right to demand partition, a right

which does not prescribe. (art. 494)

2nd Issue
 Ownership of the thing sold is acquired only
from the time of delivery thereof, either
actual or constructive.

Article 1498 of the Civil Code provides that

when the sale is made through a public
instrument, the execution thereof shall be
equivalent to the delivery of the thing which
is the object of the contract
 In view of the delivery in law, coupled with
petitioner’s actual occupation of the portion
where his house stands, all that is needed is its
segregation from the rest of the property.

Partition was granted