ChanRobles™ Virtual Law Library | chanrobles.com™  
Main Index Law Library Philippine Laws, Statutes & Codes Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Jurisprudence
Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
Chan Robles Virtual Law Library
 









 

 
UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
February-1916 Jurisprudence                 

  • G.R. No. 10173 February 1, 1916 - MARIANO VELASCO & Co. v. GOCHUICO CO.

    033 Phil 363

  • G.R. No. 10935 February 1, 1916 - UNITED STATES v. CASIMIRO E. VELASQUEZ

    033 Phil 368

  • G.R. No. 9184 February 2, 1916 - MACONDRAY & CO. v. GEORGE C. SELLNER

    033 Phil 370

  • G.R. No. 10129 February 2, 1916 - CLARA TAMBUNTING v. EDILBERTO SANTOS

    033 Phil 383

  • G.R. No. 10744 February 2, 1916 - ANTONIO RAYMUNDO v. AMBROSIO CARPIO

    033 Phil 395

  • G.R. No. 10841 February 2, 1916 - UNITED STATES v. JUAN DE LOS SANTOS

    033 Phil 397

  • G.R. No. 11086 February 2, 1916 - MARTINIANO VALDEZCO SY CHIOK v. INSULAR COLLECTOR OF CUSTOMS

    033 Phil 406

  • G.R. No. 11399 February 2, 1916 - REAL MONASTERIO DE SANTA CLARA v. PANFILO VILLAMAR

    033 Phil 411

  • G.R. No. 10121 February 3, 1916 - MAURICIA SOTO v. DOMINGA ONG

    033 Phil 414

  • G.R. No. 10107 February 4, 1916 - CLARA CEREZO v. ATLANTIC GULF & PACIFIC COMPANY

    033 Phil 425

  • G.R. No. 8769 February 5, 1916 - SMITH, BELL & CO. v. MARIANO MARONILLA

    041 Phil 557

  • G.R. No. 9802 February 5, 1916 - TEC BI & CO. v. THE CHARTERED BANK OF INDIA

    041 Phil 596

  • G.R. No. 10345 February 5, 1916 - KUENZLE & STREIFF (LTD.) v. JUAN VILLANUEVA

    041 Phil 611

  • G.R. No. 10078 February 5, 1916 - UNITED STATES v. MARCELINO DACAIMAT

    033 Phil 447

  • G.R. No. 9038 February 7, 1916 - PEDRO MAGAYANO v. TOMAS GAPUZAN

    033 Phil 453

  • G.R. No. 10280 February 7, 1916 - ENGRACIO CORONEL v. CENON ONA

    033 Phil 456

  • G.R. No. 8166 February 8, 1916 - JORGE DOMALAGAN v. CARLOS BOLIFER

    033 Phil 471

  • G.R. No. 10548 February 9, 1916 - UNITED STATES v. SATURNO DE IRO

    033 Phil 475

  • G.R. No. 10104 February 10, 1916 - ROMANA CORTES v. FLORENCIO G. OLIVA

    033 Phil 480

  • G.R. No. 10251 February 10, 1916 - COMPAÑIA GRAL. DE TABACOS DE FILIPINAS v. ALHAMBRA CIGAR & CIGARETTE MANUFACTURING CO.

    033 Phil 485

  • G.R. No. 10619 February 10, 1916 - COMPANIA GRAL. DE TABACOS DE FILIPINAS v. ALHAMBRA CIGAR & CIGARETTE MANUFACTURING CO.

    033 Phil 503

  • G.R. No. 9596 February 11, 1916 - MARCOS MENDOZA v. FRANCISCO DE LEON

    033 Phil 508

  • G.R. No. 11048 February 11, 1916 - LIM PUE v. INSULAR COLLECTOR OF CUSTOMS

    033 Phil 519

  • G.R. No. 11081 February 11, 1916 - UNITED STATES v. MORO MOHAMAD

    033 Phil 524

  • G.R. No. 9977 February 12, 1916 - DOROTEO KARAGDAG v. FILOMENA BARADO

    033 Phil 529

  • G.R. No. 11065 February 12, 1916 - UNITED STATES v. LOPE K. SANTOS

    033 Phil 533

  • G.R. No. 9966 February 14, 1916 - TRINIDAD DE AYALA v. ANTONIO M. BARRETTO

    033 Phil 538

  • G.R. No. 10427 February 14, 1916 - UNITED STATES v. SOY CHUY

    033 Phil 545

  • G.R. No. 10666 February 14, 1916 - UNITED STATES v. QUE SIANG

    033 Phil 548

  • G.R. No. 10951 February 14, 1916 - K.S. YOUNG v. JAMES J. RAFFERTY

    033 Phil 556

  • G.R. No. 8914 February 15, 1916 - UNITED STATES v. RAYMUNDO ZAPANTA

    033 Phil 567

  • G.R. No. 9277 February 15, 1916 - ANDRES CALON y MARTIN v. BALBINO ENRIQUEZ

    033 Phil 572

  • G.R. No. 9822 February 15, 1916 - BENIGNO SOLIS v. PEDRO DE GUZMAN

    033 Phil 574

  • G.R. No. 10722 February 18, 1916 - DOLORES A IGNACIO v. FELISA MARTINEZ

    033 Phil 576

  • G.R. No. 10516 February 19, 1916 - UNITED STATES v. AGAPITO SOLAÑA

    033 Phil 582

  • G.R. No. 10323 February 21, 1916 - PETRA DE CASTRO v. JUSTICE OF THE PEACE OF BOCAUE

    033 Phil 595

  • G.R. No. 9204 February 24, 1916 - LAZARO PASCUAL v. FELIPE PASCUAL

    033 Phil 603

  • G.R. No. 10531 February 25, 1916 - JULIANA MELIZA v. PABLO ARANETA

    033 Phil 606

  • G.R. No. 10672 October 26, 1915

    UNITED STATES v. CARMEN IBAÑEZ

    033 Phil 611

  • G.R. No. 8271 February 26, 1916 - PETRONILA MARQUEZ v. FLORENTINA SACAY

    034 Phil 1

  • G.R. No. 10934 February 26, 1916 - PP. AGUSTINOS RECOLETOS v. GALO LICHAUCO ET AL.

    034 Phil 5

  • G.R. No. 10675 February 28, 1916 - UNITED STATES v. YAP TIAN JONG

    034 Phil 10

  • G.R. No. 9665 February 29, 1916 - IN RE: AMBROSIO RABALO v. GABINA RABALO

    034 Phil 14

  • G.R. No. 10244 February 29, 1916 - SANTIAGO CRUZADO v. ESTEFANIA BUSTOS

    034 Phil 17

  • G.R. No. 11006 February 29, 1916 - UNITED STATES v. MATEO BALBIN

    034 Phil 38

  • G.R. Nos. 11055 & 11056 February 29, 1916 - UNITED STATES v. ANGEL ANG

    034 Phil 44

  •  





     
     

    G.R. No. 9038   February 7, 1916 - PEDRO MAGAYANO v. TOMAS GAPUZAN<br /><br />033 Phil 453

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 9038. February 7, 1916. ]

    PEDRO MAGAYANO, Plaintiff-Appellee, v. TOMAS GAPUZAN ET AL., Defendants-Appellants.

    P. Soriano for Appellants.

    Jose Arnaiz for Appellee.

    SYLLABUS


    1. "PACTO DE RETRO" ; ACTION TO RECOVER PROPERTY; NECESSARY PROOF. — Before a vendor in a sale with to repurchase can maintain an action for the recovery of the property so sold he must show that he has complied with the terms of the sale and with the right to repurchase.


    D E C I S I O N


    MORELAND, J. :


    This is an action in which the plaintiff prays that, on the payment to the defendant of P105, the latter be ordered payment to the plaintiff the lands described in the complaint.

    The complaint alleges that plaintiff, in the year 1899, pledged the land in question to Valeriano Agcaoili and Nicolasa Albano to secure the payment of P105; that, in the year 1907, the defendants, who are father and son, asked the plaintiff to be permitted to repurchase from Valeriano Agcaoili and Nicolasa Albano the lands in question, to which plaintiff gave his consent; that the said defendants thereupon paid to the said Valeriano Agcaoili and Nicolasa Albano the sum P105, the defendants taking the lands as security for said sum; that, about the beginning of the year 1909, the plaintiff offered the defendants the sum of P105 and demanded the return of the property, which defendants refused.

    The answer is a general denial, coupled with an allegation that the lands in question belong to the defendants in fee simple. Plaintiff offered in evidence Exhibit A, a document showing his title to the lands. Defendants offered in evidence Exhibit 1, which is a document bearing date the 15th of March, 1902, in which plaintiff sells and transfers said lands to the defendants for the sum of P105 in hand paid, which said sum was to be used, according to the document, in the repurchase of the lands from Valeriano Agcaoili and his wife. The document provides further: "It is agreed that I myself (meaning plaintiff) will work the said lands and pay the corresponding canon; but in case I cannot pay the said sum of P105 after the harvest of the rice sown in 1905, the said lands shall belong to the purchasers and I renounce all my rights in said lands."cralaw virtua1aw library

    The defendants, on the payment of P105, were substituted in the place of Valeriano Agcaoili and his wife in the possession of said lands and have occupied them through tenants continuously from that time.

    Plaintiff’s case is as well stated by the court as it can be. It says:jgc:chanrobles.com.ph

    "The defendants were substituted in the place of Valeriano Agcaoili and his wife in the sale with a right to repurchase, paying the said sum of P105 with the consent of the plaintiff; but now they deny to the plaintiff his right to repurchase the lands, alleging that the document Exhibit 1 of the defendants provides that if after the harvest of 1905 the plaintiff did not repurchase, the lands should thereupon belong in fee simple to the j defendants. This agreement was that he could repurchase at any time in the agreement was that he could repurchase at any time in the future and that he had tried to do so but that the defendants had refused to permit it."cralaw virtua1aw library

    We do not see how the contention can be sustained that plaintiff had all future time in which to repurchase the property. the agreement provides expressly that if the repurchase was not made after the harvest of 1905 the land should belong in fee simple to the defendants. Nothing is said about the plaintiff having all future time in which to make the repurchase. The evident meaning of the writing is that plaintiff must repurchase immediately after receiving the advantages of the rice crop of 1905; and if the lands were not repurchased at that time they should become the property of the defendants. There is no evidence in the record that any attempt was made to repurchase the lands within a reasonable time after the 1905 crop had been harvested and, so far as can be ascertained, no claim is made by plaintiff that such an attempt was made. Indeed, he alleges in his complaint that he offered to repurchase in 1909. There is evidence by plaintiff showing an attempt to repurchase which he claims was rendered futile by reason of the unjust and illegal refusal of the defendants to recovery on the ground on the ground that the time to repurchase had already expired; but it was not shown when such attempt was made, or that plaintiff tendered a sufficient or any amount of money. In fact, it does not appear what sum was due at the time the alleged offer to repurchase was made. In other words, no compliance has been shown with the provisions of article 1518 of the Civil Code. (Civil Code, art. 1507.)

    It appears from the sale with the pacto de retro that the vendor was to work the lands and pay rent. The transfer of possession was made instantly, as plaintiff became at once a tenant of the defendants, and his possession became their possession. That possession has been undisturbed from that time to the commencement of this action in 1911.

    It is true that Valeriano Agcaoili claims that he occupied the lands from 1899 to 1905. This evidence, however, is in contradiction to the written instrument, which shows that the defendants paid Agcaoili P105 in the year 1902 and their left the plaintiff in possession for the following three years or took possession for the themselves. Witnesses for the defendants testified that they were in possession of said lands as tenants of the defendants for 10 years prior to the trial, which occurred in 1912.

    The plaintiff does not attack the sale with a right to repurchase as void and no attempt was made on the trial to show that it was not executed by the plaintiff. While at the close of the trial a statement was made by the attorney for the plaintiff to the effect that the document was void and without force or effect, such statement was based exclusively on the fact that the witnesses to the instrument did not sign such until after it had been signed by those executing it; but it appears that, although the document was already executed when the witnesses placed their names thereon, it was read in their presence by the defendants to plaintiff who apparently understood the contents thereof and assented thereto. There having been no issue joined in the action with respect to the validity of the conveyance, we see no reason for declaring it without force or effect. That being the case, the decision of the court must necessarily give it full force and effect. Accordingly we hold, under article 1508 and following articles of the Civil Code, that, on the failure to repurchase at the time stipulated, the title passed irrevocably to the defendants and they became the absolute owners of the property.

    The judgment appealed from is reversed and the complaint dismissed on the merits, without costs in this instance. So ordered.

    Arellano, C.J., Torres, Johnson, Carson, and Trent, JJ., concur.

    G.R. No. 9038   February 7, 1916 - PEDRO MAGAYANO v. TOMAS GAPUZAN<br /><br />033 Phil 453


    Back to Home | Back to Main

     

    QUICK SEARCH

    cralaw

       

    cralaw



     
      Copyright © ChanRobles Publishing Company Disclaimer | E-mail Restrictions
    ChanRobles™ Virtual Law Library | chanrobles.com™
     
    RED