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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)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
August-2001 Jurisprudence                 

  • G.R. No. 126899 August 2, 2001 - PEOPLE OF THE PHIL. v. FELICITO T. BARBOSA

  • G.R. No. 128137 August 2, 2001 - PEOPLE OF THE PHIL. v. MARIO HAMTO

  • G.R. No. 131203 August 2, 2001 - PEOPLE OF THE PHIL. v. GUILLERMO CARIÑO

  • G.R. No. 137473 August 2, 2001 - ESTELITO V. REMOLONA v. CSC

  • G.R. Nos. 141702-03 August 2, 2001 - CATHAY PACIFIC AIRWAYS v. NLRC, ET AL.

  • G.R. Nos. 128816 & 139979-80 August 8, 2001 - PEOPLE OF THE PHIL. v. ALFREDO P. CABILTO, ET AL.

  • G.R. No. 131817 August 8, 2001 - PEOPLE OF THE PHIL. v. DANTE L. DOMINGO

  • G.R. Nos. 133791-94 August 8, 2001 - PEOPLE OF THE PHIL. v. CORNELIO SUPNAD

  • G.R. No. 135065 August 8, 2001 - PEOPLE OF THE PHIL. v. BENNY CABANGCALA, ET AL.

  • Adm. Case No. 4982 August 9, 2001 - KATRINA JOAQUIN CARIÑO v. ARTURO DE LOS REYES

  • A.M. No. 01-2-47-RTC August 9, 2001 - RE: JUDGE GUILLERMO L. LOJA,

  • A.M. No. MTJ-01-1365 August 9, 2001 - CESINA EBALLA v. ESTRELLITA M. PAAS, ET AL.

  • Adm. Matter No. P-01-1495 August 9, 2001 - ESMERALDO D. VISITACION v. GREDAM P. EDIZA

  • A.M. No. RTJ-99-1506 August 9, 2001 - JOSEFINA MERONTOS Vda. de SAYSON v. OSCAR E. ZERNA

  • A.M. No. P-01-1489 August 9, 2001 - CATALINO BAUTISTA, ET AL. v. AMELITA O. MENDOZA

  • G.R. No. 110740 August 9, 2001 - NDC-GUTHRIE PLANTATIONS, ET AL. v. NLRC, ET AL.

  • G.R. No. 112485 August 9, 2001 - EMILIA MANZANO v. MIGUEL PEREZ SR., ET AL.

  • G.R. No. 129209 August 9, 2001 - PEOPLE OF THE PHIL. v. JESEMIEL MOSQUERRA, ET AL.

  • G.R. No. 134565 August 9, 2001 - PEOPLE OF THE PHIL v. LUDIVINO MIANA, ET AL.

  • G.R. Nos. 138472-73 August 9, 2001 - PEOPLE OF THE PHIL. v. NOEL PADILLA

  • G.R. No. 138964 August 9, 2001 - VICENTE RELLOSA, ET AL. v. GONZALO PELLOSIS, ET AL.

  • G.R. No. 139411 August 9, 2001 - PEOPLE OF THE PHIL. v. AGAPITO TORALBA

  • G.R. No. 139532 August 9, 2001 - REGAL FILMS v. GABRIEL CONCEPCION

  • G.R. No. 139665 August 9, 2001 - MA. VILMA S. LABAD v. UNIVERSITY OF SOUTHEASTERN PHIL., ET AL.

  • G.R. No. 140347 August 9, 2001 - PEOPLE OF THE PHIL. v. ROLANDO OLITA

  • G.R. No. 142546 August 9, 2001 - ANASTACIO FABELA, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 142838 August 9, 2001 - ABELARDO B. LICAROS v. ANTONIO P. GATMAITAN

  • G.R. No. 143881 August 9, 2001 - DANILO EVANGELISTA v. PEDRO SISTOZA, ET AL.

  • G.R. No. 143949 August 9, 2001 - ATCI OVERSEAS CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 144089 August 9, 2001 - CONCORDE HOTEL v. COURT OF APPEALS, ET AL.

  • G.R. No. 126480 August 10, 2001 - MARIA TIN v. PEOPLE OF THE PHIL.

  • G.R. No. 129162 August 10, 2001 - PEOPLE OF THE PHIL. v. WILLY FIGURACION, ET AL.

  • G.R. No. 130998 August 10, 2001 - MARUBENI CORP. ET AL. v. FELIX LIRAG

  • G.R. Nos. 137934 & 137936 August 10, 2001 - BATANGAS LAGUNA TAYABAS BUS COMPANY, ET AL. v. BENJAMIN M. BITANGA. ET AL.

  • G.R. No. 143673 August 10, 2001 - CONRADO TUAZON, ET AL. v. ERNESTO GARILAO, ET AL.

  • G.R. No. 144708 August 10, 2001 - RAFAEL ALBANO, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 146724 August 10, 2001 - GIL TAROJA VILLOTA v. COMELEC, ET AL.

  • G.R. No. 136266 August 13, 2001 - EUTIQUIO A. PELIGRINO v. PEOPLE OF THE PHIL.

  • A.M. No. RTJ-01-1612 August 14, 2001 - MARCO FRANCISCO SEVILLEJA v. ANTONIO N. LAGGUI

  • A.M. No. P-00-1438 August 14, 2001 - JUNN F. FLORES v. ROGER S. CONANAN

  • G.R. No. 135482 August 14, 2001 - ORLANDO SALVADOR v. ANIANO A. DESIERTO, ET AL.

  • G.R. No. 136192 August 14, 2001 - PRESIDENTIAL AD HOC FACT-FINDING COMMITTEE ON BEHEST LOANS v. ANIANO DESIERTO, ET AL.

  • G.R. No. 141617 August 14, 2001 - ADALIA B. FRANCISCO and MERRYLAND DEVELOPMENT CORPORATION v. RITA C. MEJIA

  • G.R. No. 142276 August 14, 2001 - FLORENTINO GO, JR., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 142662 August 14, 2001 - PEOPLE OF THE PHIL. v. JERRY FERRER

  • A.C. No. 5486 August 15, 2001 - IN RE: ATTY. DAVID BRIONES.

  • A.M. RTJ No. 89-403 August 15, 2001 - MOLINTO D. PAGAYAO v. FAUSTO H. IMBING

  • A.M. No. 96-9-332-RTC August 15, 2001 - DIRECTOR, PNP NARCOTICS COMMAND v. JAIME N. SALAZAR

  • A.M. No. P-99-1311 August 15, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. ALBERTO V. GARONG

  • G.R. Nos. 113822-23 August 15, 2001 - PEOPLE OF THE PHIL. v. RAUL L. PABLO, ET AL.

  • G.R. No. 118492 August 15, 2001 - GREGORIO H. REYES, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 120468 August 15, 2001 - PEOPLE OF THE PHIL. v. LOPE B. LIWANAG, ET AL.

  • G.R. No. 128177 August 15, 2001 - ROMAN SORIANO v. COURT OF APPEALS, ET AL.

  • G.R. No. 129295 August 15, 2001 - PEOPLE OF THE PHIL. v. EDWIN MORIAL, ET AL.

  • G.R. No. 129598 August 15, 2001 - PNB MADECOR v. GERARDO C. UY

  • G.R. No. 130360 August 15, 2001 - WILSON ONG CHING KIAN CHUAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 136834 August 15, 2001 - FELIX SENDON, ET AL. v. FRATERNIDAD O. RUIZ, ET AL.

  • G.R. No. 137271 August 15, 2001 - PEOPLE OF THE PHIL v. REYNALDO CORRE JR., ET AL.

  • G.R. No. 137509 August 15, 2001 - PEVET ADALID FELIZARDO, ET AL v. SIEGFREDO FERNANDEZ

  • G.R. Nos. 137969-71 August 15, 2001 - PEOPLE OF THE PHIL v. RAFAEL SALALIMA

  • G.R. No. 139337 August 15, 2001 - MA. CARMINIA C. ROXAS v. COURT OF APPEALS, ET AL.

  • G.R. No. 139420 August 15, 2001 - ROBERTO R. SERRANO v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 140900 & 140911 August 15, 2001 - PEOPLE OF THE PHIL. v. RODERICK LICAYAN, ET AL.

  • G.R. No. 143340 August 15, 2001 - LILIBETH SUNGA-CHAN, ET AL v. LAMBERTO T. CHUA

  • G.R. No. 144813 August 15, 2001 - GOLD LINE TRANSIT v. LUISA RAMOS

  • G.R. No. 147270 August 15, 2001 - IN RE: PETE C. LAGRAN

  • A.M. No. RTJ-00-1565 August 16, 2001 - FEDERICO S. BERNARDO v. PATERNO G. TIAMSON

  • G.R. No. 119900 August 16, 2001 - SUNNY MOTORS SALES v. COURT OF APPEALS, ET AL.

  • G.R. No. 121897 August 16, 2001 - PEOPLE OF THE PHIL. v. GIL TEMPLA, ET AL.

  • G.R. No. 126200 August 16, 2001 - DEV’T. BANK OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 126926 August 16, 2001 - RAMON P. ARON v. COURT OF APPEALS, ET AL.

  • G.R. No. 127543 August 16, 2001 - INTERNATIONAL PIPES, ET AL. v. F. F. CRUZ & CO.

  • G.R. No. 132155 August 16, 2001 - ARAS-ASAN TIMBER CO. v. COMMISSIONER OF INTERNAL REVENUE, ET AL.

  • G.R. No. 134292 August 16, 2001 - PEOPLE OF THE PHIL. v. FRANCO MORALES

  • G.R. No. 136365 August 16, 2001 - ENRIQUE R. CAMACHO, ET AL. v. PHIL. NAT’L. BANK, ET AL.

  • G.R. No. 136780 August 16, 2001 - JEANETTE D. MOLINO v. SECURITY DINERS INTERNATIONAL CORP.

  • A.M. No. RTJ-00-1597 August 20, 2001 - WILSON ANDRES v. ORLANDO D. BELTRAN

  • A.M. No. RTJ-94-1131 August 20, 2001 - MIGUEL ARGEL v. HERMINIA M. PASCUA

  • G.R. No. 110055 August 20, 2001 - ASUNCION SAN JUAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 111685 August 20, 2001 - DAVAO LIGHT & POWER CO. v. COURT OF APPEALS, ET AL.

  • G.R. No. 131866 August 20, 2001 - PEOPLE OF THE PHIL. v. CARLOS DOCTOLERO

  • G.R. No. 132174 August 20, 2001 - GUALBERTO CASTRO v. RICARDO GLORIA

  • G.R. No. 132684 August 20, 2001 - HERNANI N. FABIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 134718 August 20, 2001 - ROMANA INGJUGTIRO v. LEON V. CASALS, ET AL.

  • G.R. No. 142401 August 20, 2001 - ANDREW TAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 137299 August 21, 2001 - PEOPLE OF THE PHIL. v. FRANCISCO NANAS

  • G.R. No. 138869 August 21, 2001 - DAVID SO v. COURT OF APPEALS, ET AL.

  • G.R. No. 140519 August 21, 2001 - PHIL. RETIREMENT AUTHORITY v. THELMA RUPA

  • G.R. No. 130817 August 22, 2001 - PRESIDENTIAL AD HOC FACT-FINDING COMMITTEE ON BEHEST LOANS v. ANIANO A. DESIERTO, ET AL.

  • G.R. No. 138403 August 22, 2001 - PEOPLE OF THE PHIL. v. ROLLY C. ABULENCIA

  • G.R. Nos. 141712-13 August 22, 2001 - PEOPLE OF THE PHIL. v. EDMUNDO M. BOHOL

  • G.R. No. 143867 August 22, 2001 - PLDT v. CITY OF DAVAO, ET AL.

  • G.R. No. 128628 August 23, 2001 - ILDEFONSO SAMALA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 133749 August 23, 2001 - HERNANDO R. PEÑALOSA v. SEVERINO C. SANTOS

  • G.R. No. 133789 August 23, 2001 - PEOPLE OF THE PHIL. v. EDUARDO P. CHUA, ET AL.

  • G.R. No. 136506 August 23, 2001 - REPUBLIC OF THE PHIL. v. ANIANO A. DESIERTO, ET AL.

  • G.R. Nos. 137199-230 August 23, 2001 - PEOPLE OF THE PHIL. v. GEORGE J. ALAY-AY

  • G.R. No. 137842 August 23, 2001 - PEOPLE OF THE PHIL. v. DANILO H. CATUBIG

  • G.R. No. 138588 August 23, 2001 - FAR EAST BANK & TRUST COMPANY v. DIAZ REALTY INC.

  • G.R. No. 138022 August 23, 2001 - PEOPLE OF THE PHIL. v. PEDRO A. FRANCISCO

  • G.R. No. 144142 August 23, 2001 - YOLANDA AGUIRRE v. PEOPLE OF THE PHIL.

  • G.R. Nos. 138298 & 138982 August 24, 2001 - RAOUL B. DEL MAR v. PAGCOR, ET AL.

  • G.R. No. 131609 August 27, 2001 - PEOPLE OF THE PHIL. v. BONIFACIO PUERTA

  • A.M. No. RTJ-00-1571 August 28, 2001 - JESUS GUILLAS v. RENATO D. MUÑEZ

  • A.M. No. RTJ-01-1645 August 28, 2001 - VICTORINO S. SIANGHIO, JR. v. BIENVENIDO L. REYES

  • A.M. No. RTJ-01-1626 August 28, 2001 - JOSELITO D. FRANI v. ERNESTO P. PAGAYATAN

  • G.R. Nos. 100633 & 101550 August 28, 2001 - SOCORRO ABELLA SORIANO, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 114118 August 28, 2001 - SIMEON BORLADO, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 125728 August 28, 2001 - MARIA ALVAREZ VDA. DE DELGADO, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 129960 August 28, 2001 - PEOPLE OF THE PHIL. v. PEDRO CARIÑO

  • G.R. No. 131175 August 28, 2001 - JOVITO VALENZUELA, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 133056 August 28, 2001 - FACUNDO T. BAUTISTA v. PUYAT VINYL PRODUCTS

  • G.R. No. 140812 August 28, 2001 - CANDIDO ALFARO v. COURT OF APPEALS, ET AL.

  • G.R. No. 143256 August 28, 2001 - RODOLFO FERNANDEZ, ET AL. v. ROMEO FERNANDEZ, ET AL.

  • G.R. No. 144653 August 28, 2001 - BANK OF THE PHIL. ISLANDS v. COMMISSIONER OF INTERNAL REVENUE

  • A.M. No. P-00-1415-MeTC August 30, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. TERESITA Q. ORBIGO-MARCELO

  • G.R. No. 111709 August 30, 2001 - PEOPLE OF THE PHIL. v. ROGER P. TULIN, ET AL.

  • G.R. No. 119811 August 30, 2001 - SOCORRO S. TORRES, ET AL. v. DEODORO J. SISON, ET AL.

  • G.R. No. 123980 August 30, 2001 - PEOPLE OF THE PHIL. v. MANUEL CALIMLIM

  • G.R. No. 127905 August 30, 2001 - PEOPLE OF THE PHIL. v. DANILO REMUDO

  • G.R. No. 129093 August 30, 2001 - JOSE D. LINA, ET AL. v. FRANCISCO DIZON PAÑO, ET AL.

  • G.R. No. 133113 August 30, 2001 - EDGAR H. ARREZA v. MONTANO M. DIAZ

  • G.R. No. 136280 August 30, 2001 - ORCHARD REALTY and DEV’T CORP. v. REPUBLIC OF THE PHIL, ET AL.

  • G.R. No. 139083 August 30, 2001 - FLORENCIA PARIS v. DIONISIO A. ALFECHE

  • G.R. No. 140229 August 30, 2001 - PEOPLE OF THE PHIL. v. HENRY BALMOJA

  • G.R. No. 140995 August 30, 2001 - PEOPLE OF THE PHIL. v. DANILO M. REGALA

  • G.R. No. 141128 August 30, 2001 - PEOPLE OF THE PHIL. v. ORPIANO DELOS SANTOS

  • G.R. No. 141283 August 30, 2001 - SEGOVIA DEVELOPMENT CORP. v. J.L. DUMATOL REALTY

  • G.R. No. 144442 August 30, 2001 - JESUS SALVATIERRA v. THE PEOPLE OF THE PHILIPPINES

  • A. M. No. 00-7-299-RTC August 31, 2001 - REQUEST FOR CONSOLIDATION OF CIVIL CASE NO. R-1692 RTC BR. 45

  • A.M. No. 00-8-03-SB August 31, 2001 - RE: UNNUMBERED RESOLUTION OF THE SANDIGANBAYAN RE ACQUISITION OF THREE [3] MOTOR VEHICLES FOR OFFICIAL USE OF JUSTICES

  • A.M. No. P-99-1316 August 31, 2001 - KENNETH S. NEELAND v. ILDEFONSO M. VILLANUEVA

  • G.R. Nos. 132548-49 August 31, 2001 - PEOPLE OF THE PHILIPPINES v. ALEJO MIASCO

  • G.R. No. 141211 August 31, 2001 - CITY WARDEN OF THE MANILA CITY JAIL v. RAYMOND S. ESTRELLA, ET AL.

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    G.R. No. 126926   August 16, 2001 - RAMON P. ARON v. COURT OF APPEALS, ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 126926. August 16, 2001.]

    RAMON P. ARON, Petitioner, v. THE HON. COURT OF APPEALS, NARCISO SALIBA, ERLINDA GUYAMIN, LEONILA PAGKALIWANAGAN, DIOSDADA and ESTER CASTILLO, MARIETA VASQUEZ, ANDRES NIETO, AMEURFINA MACAPAGAL and SOLEDAD MAGPOC, Respondents.

    D E C I S I O N


    PARDO, J.:


    The Case


    The case is an appeal via certiorari from the decision 1 of the Court of Appeals affirming the dismissal of petitioner’s complaint 2 for specific performance, annulment of contract and title and reconveyance with damages on the ground of prescription and lack of cause of action.chanrob1es virtua1 1aw 1ibrary

    The Facts


    The facts, as found by the Court of Appeals, are as follows:chanrobles virtual lawlibrary

    "The case commenced on July 23, 1993 with the filing of the Complaint for Specific Performance, Annulment of Contract and Title, Reconveyance and Damages, docketed as Civil Case No. 93-89. In his Complaint, plaintiff, now appellant, alleged that defendant Paciencia Perrin (hereinafter referred to as Perrin) was the registered owner of a 35,718 square meter parcel of land in Bacoor, Cavite, covered by Transfer Certificate of Title No. 28785 of the Registry of Deeds of Cavite; that on April 3, 1963, Perrin entered into a contract of sale with him over said property for a total consideration of P25,000.00, payable of [sic] installments for a fifteen (15) year period; that under the Contract to Sell, Perrin was under obligation to execute a final Deed of Absolute Sale and to deliver title upon full payment of the purchase price, the last installment of which was to fall due on April 3, 1983; that upon his payment of such last installment, Perrin informed him that she could not execute the deed of sale nor deliver title, as yet, and begged for time to do so; that despite the lapse of years, Perrin was still unable to comply with her aforesaid obligations; that he served a letter of demand upon Perrin to comply therewith but despite receipt thereof, the latter still failed to do so; that he recently discovered that as early as September, 1972, Perrin had authorized defendant Jose M. Dragon (hereinafter referred to as Dragon) to sell the same property to defendant Doña Juana Development, Inc. (hereinafter referred to as Doña Juana); that he wrote a letter to Doña Juana about his claim over subject land but in reply, Doña Juana offered to repurchase subject land, which she admitted as having previously committed to him; that the sale of lots within subject land, to the other defendants, was done in utter disregard of his rights under the Contract to Sell; and that the sale to Doña Juana was anomalous and tainted with fraud as Perrin’s attorney-in-fact Dragon, in the sale appears to be also the President of Doña Juana. Appellant thus prayed that Perrin be compelled to execute a Deed of Sale in his favor and to deliver to him the title to the said land in question, from all liens and encumbrances; the Deed of Sale between Perrin and Doña Juana as well as the documents of sale and title pertaining to other subsequent buyers be annulled; and that defendants be ordered to reconvey subject land to him, with new certificate of title issued in his name. Appellant also prayed for P50,000 moral damages, P50,000.00 exemplary damages, P20,000.00 attorney’s fees, and costs of suit.

    "On September 17, 1993, the appellees, Narciso and Victoria Saliba, Erlinda Guyamin and Leonila Pagkaliwanagan, presented a Motion to Dismiss the Complaint on the grounds of lack of cause of action and prescription. Thereafter, or on September 30, 1993, to be precise, the appellees, Diosdada and Ester Castillo, Marieta Vasquez, Andres F. Nieto and Ameurfina Macapagal, also presented a Motion to Dismiss on the grounds of prescription and laches. Such Motion to Dismiss was adopted by appellee Soledad Magpoc.chanrob1es virtua1 1aw 1ibrary

    "On the other hand, on September 28, 1993, appellees Magdalena C. Rivera and Natividad Encarnacion submitted their Answer with Counterclaim, averring good faith in the purchase of their respective lots and praying that the dismissal of the Complaint against them for lack of cause of action. They counterclaimed for P50,000.00 of exemplary damages, P50,000.00 of moral damages, P30,000.00 of attorney’s fees and P50,000.00 for litigation expenses, and costs of suit.

    "On July 14, 1994, the lower court issued its Order now on appeal granting appellees-movants’ Motion to Dismiss. According to the lower court, movants were innocent purchasers for value, against whom the action for reconveyance could not prosper." 3

    On August 26, 1996, the Court of Appeals promulgated its decision affirming the appealed order.

    On September 30, 1996, petitioner filed a motion for reconsideration. 4 On October 29, 1996, the Court of Appeals, however, ordered the motion expunged from the record for having been filed late. 5

    Hence, this petition. 6

    The Issues


    The issues to be resolved are: (1) whether the decision of the Court of Appeals has become final because petitioner’s motion for reconsideration was filed out of time; and (2) whether prescription has set in barring petitioner’s cause of action.

    The Court’s Ruling


    We dismiss the petition. On the first issue, we agree with the Court of Appeals that its decision has become final because the petitioner’s motion for reconsideration was filed out of time. Petitioner received notice of the decision on August 29, 1996. 7 On September 16, 1996, he filed a motion for reconsideration. 8 On October 29, 1996, the Court of Appeals expunged the motion for reconsideration from the record for having been filed late. 9 Hence, the decision of the Court of Appeals has become final.chanrob1es virtua1 1aw library

    On the second issue, we rule that petitioner’s action has prescribed. In paragraphs 4 and 4-1 of the complaint, plaintiff (herein petitioner), alleged that:jgc:chanrobles.com.ph

    "4. That on April 3, 1968, defendant Perrin entered into a Contract to Sell with plaintiff over the aforesaid land for a total consideration of P25,000.00, payable on installments for a period of fifteen (15) years, payment of which are as follows:jgc:chanrobles.com.ph

    "10% downpayment upon execution of the contract to sell and thereafter, a yearly amortization of P1,500.00. Accordingly, plaintiff paid the sum of P2,500.00 downpayment and the sum of P15,000.00 to cover ten (10) years advance installment, or a total sum of P17,500.00. xerox copy of the Contract to Sell is hereto attached as Annex "B" hereof;

    "4.1 Under Par. 2 of the Contract to Sell, defendant Perrin is under obligation to execute a final Deed of Absolute Sale and deliver title upon plaintiff’s full payment of the sum of P1,500.00, the last installment of which falls on April 3, 1983;" 10

    Obviously, petitioner’s cause of action is based on a written contract, the contract to sell a parcel of land by the respondent Perrin. Since petitioner’s cause of action is based on a written contract, the same must be brought within ten (10) years from the time the right of action accrued. 11 Petitioner made the last installment payment under the contract to sell on April 3, 1983. Under the contract to sell, upon payment of the last installment, the seller was obliged to execute a deed of absolute sale over the subject property in favor of petitioner. Hence, petitioner’s cause of action accrued on April 3, 1983. Petitioner filed the complaint with the lower court on July 23, 1993, which is beyond the ten (10) year period authorized by law. Petitioner’s action has prescribed.cralaw : red

    The contract to sell on installment between petitioner and Perrin was not registered and annotated on Transfer Certificate of Title No. 28785 of the Register of Deeds of Cavite. Consequently, the respondents were purchasers in good faith and for value and petitioner has no cause of action against them.

    IN VIEW WHEREOF, the Court DENIES the petition because petitioner’s action has prescribed. In any event, the decision of the Court of Appeals in CA-G.R. CV No. 46547 has become final and executory because petitioner’s motion for reconsideration was filed out of time. No costs.cralaw : red

    SO ORDERED.

    Davide, Jr., C.J., Puno, Kapunan and Ynares-Santiago, JJ., concur.

    Endnotes:



    1. Petition, Annex "A", Rollo, pp. 21-26. Purisima J., ponente, and Reyes, RT. and Vasquez, Jr., JJ., concurring.

    2. Docketed as Civil Case No. RTC-BCV 93-89, RTC Record, pp. 1-9.

    3. Supra, Note 1, at pp. 2-3.

    4. CA Rollo, pp. 76-80; Petition, Annex "E", Rollo, pp. 62-66.

    5. CA Rollo, p. 85.

    6. Filed on December 20, 1996, Rollo, pp. 10-19. On August 14, 2000, we gave due course to the petition, Rollo, pp. 183-184.

    7. Return Card attached to Notice of Judgment, CA Rollo, p. 67.

    8. Posted by registered mail on September 16, 1996, CA Rollo, pp. 76-80.

    9. Resolution, adopted on October 29, 1996, CA Rollo, p. 85.

    10. Complaint, RTC Record, pp. 1-9, at p. 4.

    11. Article 1144, Civil Code of the Philippines.

    G.R. No. 126926   August 16, 2001 - RAMON P. ARON v. COURT OF APPEALS, ET AL.


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