August 2011 - Philippine Supreme Court Resolutions
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[G.R. No. 197128 : August 22, 2011] NIEVES M. ABELIDO, HEREIN JOINED BY HER HUSBAND ROBERT ABELIDO, SUBSTITUTED BY SPOUSES BERNAN AND ELEANOR CERTEZA V. WARLITO PATRIMONIO :
[G.R. No. 197128 : August 22, 2011]
NIEVES M. ABELIDO, HEREIN JOINED BY HER HUSBAND ROBERT ABELIDO, SUBSTITUTED BY SPOUSES BERNAN AND ELEANOR CERTEZA V. WARLITO PATRIMONIO
Sirs/Mesdames:
Please take notice that the Court, Third Division, issued a Resolution dated 22 August 2011, which reads as follows:
G.R. No. 197128 (Nieves M. Abelido, herein joined by her husband Robert Abelido, substituted by Spouses Bernan and Eleanor Certeza v. Warlito Patrimonio).
RESOLUTION
The Court resolves, after review of the records, to DENY the petition for failure to show any reversible error committed by the Court of Appeals when it upheld the ruling of the court a quo that:
- there was a contract to sell between the parties;
- Article 1191 of the New Civil Code on rescission does not apply to a contract to sell; and
- petitioners' cause of action has not yet accrued.
SO ORDERED.
Very truly yours,
(Sgd.) LUCITA ABJELINA-SORIANO
Division Clerk of Court