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FIRST DIVISION

G.R. No. 88445 June 17, 1993

JESUS KHO, plaintiff-appeellee, vs. THE HON. COURT OF APPEALS, MARIANO SUSON, JR., RICARDO L. INOCIAN, Accused-Appellant.

Valeriano S. Carillo for petitioner.chanrobles virtual law library

Valentino L. Legaspi for respondent Ricardo Inocian.chanrobles virtual law library

Felipe S. Velasquez for respondent Mariano Suson, Jr.

CRUZ, J.:

The factual background is not disputed. Ricardo Inocian was the owner of several lots in Maria Teresa Village in Guadalupe, Cebu City. Roberto Osmeña was his real estate broker. In 1971, Inocian and Osmeña sold what was identified as Lot 1 to Mariano Suson 1and, later that same year, the adjacent lot, identified as Lot 2, to Jesus Kho. 2Lot 3 had previously been sold to Marilyn Ong. 3Suson built a house on Lot 2, believing it to be Lot 1. Kho built his own house on Lot 3, believing it to be Lot 2. When the mistakes were discovered in 1975, the parties conferred and sought a solution. They failed. Eventually, Ong sued Kho for ejectment, resulting in Kho buying Ong's lot as a compromise. 4Kho thereafter filed a complaint for recovery and damages against Inocian, Osmeña and Suson. Suson filed a cross-claim against his co-defendants.chanroblesvirtualawlibrarychanrobles virtual law library

After trial, Judge Juan Y. Reyes of the Regional Trial Court of Cebu rendered a decision dated August 4, 1983, disposing as follows:

WHEREFORE, judgment is hereby rendered in favor of plaintiff and against the defendants, ordering:chanrobles virtual law library

1) Defendants Roberto "Bob" Osmeña and Ricardo Inocian, jointly and severally;

(a) To pay plaintiff P11,360.00 as damages suffered by plaintiff by reason of gross negligence and misrepresentation in indicating the lot to plaintiff;chanrobles virtual law library

(b) To reimburse plaintiff of the sum of P2,000.00 representing actual expenses in settling the ejectment case filed against plaintiff in the City Court of Cebu by Marilyn Ong, and the sum of P5,000.00 as moral damages;chanrobles virtual law library

(c) To pay plaintiff P5,000.00 representing attorney's fees and P500.00 as litigation expenses.

2) Defendant Mariano Suson, Jr.,

(a) To remove his house from Lot 2 of Maria Theresa Village II owned and titled in the name of plaintiff, vacate the premises thereof and deliver the same to plaintiff within two months after this decision shall have become final and executory;chanrobles virtual law library

(b) To pay plaintiff rentals at the reasonable amount of P75.00 per month from May 1971 until possession of Lot 2 shall have been delivered to plaintiff;

WITH respect to the cross-claim of Mariano Suson against cross-defendants Osmeña and Inocian, this court renders judgment in favor of cross-claimant against cross-defendants, ordering the latter to pay to Suson, Jr. -chanrobles virtual law library

(a) The sum of P5,000.00 representing moral damages;chanrobles virtual law library

(b) A sum equivalent to the total amount of rentals the cross-claimant shall pay to the plaintiff in the form of reimbursement; andchanrobles virtual law library

(c) Attorney's fees in the sum of P2,000.00.

Costs fixed against defendants Osmeña and Inocian.chanroblesvirtualawlibrarychanrobles virtual law library

SO ORDERED.chanroblesvirtualawlibrarychanrobles virtual law library

On appeal by the three defendants, this decision was modified by the Court of Appeals 5on January 13, 1989, thus:

WHEREFORE, the judgment of the lower court in Civil Case No. R-15657 is hereby modified as follows:chanrobles virtual law library

Defendants Roberto "Bob" Osmeña and Ricardo Inocian, are jointly and severally ordered:chanrobles virtual law library

a) To pay plaintiff Jesus Kho P11,3600.00 as damages suffered by him when he was compelled to buy lots from Marilyn Ong, by reason of their gross negligence and misrepresentation in indicating the lot of plaintiff;chanrobles virtual law library

b) To reimburse plaintiff the sum of P10,800.00, the consideration he paid in the sale of Lot 2 in the subject subdivision;chanrobles virtual law library

c) To reimburse plaintiff the sum of P2,000.00 representing actual expenses in settling the ejectment case filed against him in the city Court by Marilyn Ong; and the sum of P5,000.00 as moral damages;chanrobles virtual law library

d) To pay plaintiff P5,000.00 representing attorney's fees and P500.00 as litigation expenses in this suit;chanrobles virtual law library

e) To pay cross-claimant Mariano Suson, Jr. P5,000.00 representing moral damages; and P2,000.00 as attorney's fees.chanroblesvirtualawlibrarychanrobles virtual law library

It is also hereby ordered that TCT No. 51965 in the name of Suson be cancelled and TCT No. 50806 in the name of Kho be likewise cancelled and transferred to the name of Suson. Costs against defendants Inocian and Osmeña.chanroblesvirtualawlibrarychanrobles virtual law library

SO ORDERED.

Kho is now before us, claiming that the respondent court erred "in making the following presumptions and conclusions."

(a) When Kho negotiated with Osmeña and Inocian to buy a lot in MTV II in 1971, it was his intention to buy Lot 3 and no other.chanroblesvirtualawlibrarychanrobles virtual law library

(b) Kho could not have contemplated buying the real lot (now occupied by Suson) since he knew then that it was already sold to the cross-claimant.chanroblesvirtualawlibrarychanrobles virtual law library

(c) That no sale of the lot occupied by Suson in favor of Kho was contemplated or perfected in 1971 is demonstrated by the fact that Kho knew right then that the property was already owned by Suson.

The petition will fail.chanroblesvirtualawlibrarychanrobles virtual law library

The issues raised are mainly factual. In a petition for certiorari under Rule 45 of the Rules of Court, only questions of law may be raised. 6 A review is not a matter of right but of sound judicial discretion and will be granted only when there are special and important reasons therefore. 7We see none in the case at bar.chanroblesvirtualawlibrarychanrobles virtual law library

The findings of fact of the respondent court, which in the main affirmed those of the trial court, appear to be based on substantial evidence. They will therefore not be disturbed in this review. Inocian has not appealed and in his memorandum practically concedes such findings. 8So has Suson, who also prays for the denial of the petition. 9Osmeña has been dropped as a respondent on the petitioner's own motion. 10chanrobles virtual law library

Kho maintains that he could not have bought Lot 3 because it had already been sold to Ong. This is absolutely true, which is the reason why Inocian and Osmeña, who misrepresented it to him as Lot 2, were sentenced to pay him damages. Kho also holds that the only lot that could be sold to him at that time was Lot 2, which is what he bought. This contention is erroneous because Lot 2 had already been sold at that time to Suson as Lot 1.chanroblesvirtualawlibrarychanrobles virtual law library

The petitioner argues that even if Suson had acted in good faith when he built his house on Lot 2, he should still be liable in damages to him because it was because of Suson's mistake that he himself was led to build his house on Lot 3. He himself refuted this argument when he testified on direct examination as follows:

Q In other words, you were the one who pointed to the carpenter where to build the house?chanrobles virtual law library

A Yes, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q And you pointed out as bearing the property where the house of Suson was constructed because the house was already there?chanrobles virtual law library

A Even if Suson did not have his house there I have to construct my house on the lot because that was the same lot which was indicated to me. 11

Kho also speculates that if he had not been able to purchase Lot 3 from Ong, he would have been in the same situation as Suson, with a house on another person's lot. In these circumstances, Ong could not have been legally required to transfer her lot to Kho because she was the original purchaser. Yet, in the questioned decision, although the situation between Kho and Suson is no different, Kho is required to transfer Lot 2 to Suson, in whose name its registration is ordered.chanroblesvirtualawlibrarychanrobles virtual law library

The problem between Kho and Suson is different. Suson was the only purchaser of Lot 2 although it was identified as Lot 1. The lower court found that what Kho purchased was Lot 3 although it was identified as Lot 2. Lot 3 was therefore involved in a double sale, first to Ong and then to Kho. Ong legally has precedence, having the title and registration over the lot. 12chanrobles virtual law library

The petitioner claims that the transfer certificates of title issued to the parties over their respective lots are the best evidence of what they had purchased. As he was the registered buyer of what was described in TCT No. 50806 as Lot 2, then Lot 2 should be recognized as belonging to him, not Suson.chanroblesvirtualawlibrarychanrobles virtual law library

He invokes the rule, but it is not without exceptions.chanroblesvirtualawlibrarychanrobles virtual law library

The respondent court found that Suson could not have bought Lot 1 because it was near a creek and already partly eroded. It was not suitable for residential purposes. Proof of his real intention was the fact that he constructed his house on Lot 2, which was what he believed he had purchased. TCT No. 51965 referred, indeed, to Lot 1 and not Lot 2. But in case of mistakes of this nature, the registration may be rectified and the certificates of title corrected.chanroblesvirtualawlibrarychanrobles virtual law library

Parenthetically, Kho cannot claim that his intention to buy Lot 2 is also evidenced by the fact that he built his house on that lot. In fact, he built on Lot 3, not Lot 2.chanroblesvirtualawlibrarychanrobles virtual law library

In the case of Bijis v. Legaspi, 13this Court declared:

It appears that the Court of Appeals made no findings or mention of the facts obtaining in the record, supported by documentary evidence, and found out by the trial court, which clearly indicate that there has been an erroneous exchange in the numbers of the two lots in the different deeds that had been executed. These facts are, namely: although the lot mortgaged by Pedro Medina to the San Lazaro Estate Fund for the amount of P6,400.00 was designated as Lot No. 1357, the report of appraisal in connection with the mortgage describes the lot as consisting of 627 square meters in area and located in the poblacion, Rosario, Cavite, with improvements consisting of a 2-story house of strong materials and a camarin, which features distinguish Lot No. 1155 from Lot 1357 located in the barrio of Bagbag municipality of Rosario, Cavite; the petitioner, with the knowledge of the respondents and without objection on their part, took possession of the said Lot No. 1155 and in the concept of owner collected rentals from the Bureau of Lands office and the Rosario Institute, then occupants of the building; Lot No. 1155 with its improvements had at the time of the mortgage to the San Lazaro Estate an appraised value of P10,830.00, while Lot No. 1357 was assessed at P280.00 only, with an improvement consisting of a nipa house valued at P200,00; and when the parties discovered that there has been a mistake in the designation of the numbers of the lots, they attempted to rectify that error by executing instruments of sale in favor of each other over the two lots under dispute. Exhibit 18, Annex "N" of Petitioners Brief is a "Deed of Absolute Sale" signed by Luis Atienza Bijis conveying to Francisco Legazpi and the other respondents Lot 1357, while Exhibit 3, Annex "O" of the same Brief is entitled "Extrajudicial Partition with Sale" signed by the Legaspis deeding to the herein petitioner Lot 1155. Although the documents mentioned, which were supposed to have been drawn on the same day, are in the form of sale, the obvious intention of the parties was to exchange the two lots with each other. This can be gleaned from the fact that the price mentioned in each of the document is the same - P2,000.00 - notwithstanding the disparity between the properties in their respective values owing to the difference in their location and improvements.chanroblesvirtualawlibrarychanrobles virtual law library

To our minds, the foregoing facts over which the appellate court failed to make any findings amply support the contention that the petitioner is the owner of Lot 1155 and the respondents are the owners of Lot 1357 as found out and correctly adjudged by the trial court.chanroblesvirtualawlibrarychanrobles virtual law library

The mere mention of Lot No. 1357 in the contract to sell, the final deed of sale and the certificate of title in favor of the herein petitioner is not conclusive that the property sold to him is the lot located at barrio Bagbag. For as has been elucidated, the parties meant Lot 1155 at the poblacion. Article 1370 of the Civil Code provides that if the words in a contract appear to be contrary to the evident intention of the parties, the latter shall prevail over the former.

Applying the above doctrine to the case at bar, we declare with the respondent court the despite the erroneous registration of their respective lots, what Suson bought was Lot 2 and what Kho bought was Lot 3, although Kho had to yield to the superior right thereto of Ong, who had earlier bought and registered the lot.chanroblesvirtualawlibrarychanrobles virtual law library

In view of this conclusion, it is no longer necessary to discuss the petitioner's contention that Suson was a builder in bad faith.chanroblesvirtualawlibrarychanrobles virtual law library

WHEREFORE, the petition is DENIED and the challenged decision of the Court of Appeals is AFFIRMED, with costs against the petitioner. It is so ordered.

Griño-Aquino, Bellosillo and Quiason, JJ., concur.

Endnotes:


1 Records, p. 119.chanrobles virtual law library

2 Ibid., p. 117.chanrobles virtual law library

3 Id., p. 141.chanrobles virtual law library

4 Id., p. 138, 142.chanrobles virtual law library

5 Penned by Justice Alfredo L. Benipayo with Campos, Jr. and Francisco R., JJ., concurring.chanrobles virtual law library

6 Section 2, Elayda v. Court of Appeals, 199 SCRA 349; Lauron v. Court of Appeals, 184 SCRA 215; Mayuga v. Mayuga, 170 SCRA 347.chanrobles virtual law library

7 Section 4, Sunbeam Convenience Foods, Inc. v. Court of Appeals, 181 SCRA 443.chanrobles virtual law library

8 Rollo, p. 79.chanrobles virtual law library

9 Id., pp. 38, 95.chanrobles virtual law library

10 Id., p. 75.chanrobles virtual law library

11 TSN, August 5, 1977, p. 19.chanrobles virtual law library

12 Gatmaitan v. Court of Appeals, 200 SCRA 37; Abad v. Court of Appeals, 179 SCRA 818.chanrobles virtual law library

13 107 Phil. 512




























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