[G.R. No. 135634. August 21, 2000]

HEIRS OF JUAN SAN ANCIRES VICTOR ZIGA, et al. vs. VICENTE RODRIGUEZ

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated AUG 21 2000.

G.R. No. 135634 (Heirs of Juan San Ancires Victor Ziga and Salvacion Trial v. Vicente Rodriguez).

For resolution is a motion for reconsideration filed by petitioners.

The decision in this case found that there was a valid absolute sale of 509 square meters of Lot No. 1914-B-2 in Liboton, Naga City, made by vendor Juan San Andres, herein petitioners' predecessor-in-interest. in favor of respondent Vicente Rodriguez.

In their motion for reconsideration, petitioners contend that, under the terms of the Receipt (Exhibit 2), respondent Vicente Rodriguez is under obligation to have the subject lot surveyed and approved by the Bureau of Lands to determine the exact area and purchase price of the land and that, because he failed to comply with this obligation, petitioners have the right to refuse to proceed with the sale.

The contention has no merit. The provision in the Receipt that "the agreed price of Fifteen (P15.00) Pesos per square meter and the payment of the full consideration based on a survey shall be due and payable in five (5) years period from the execution of the formal deed of sale; and it is agreed that the expenses of survey and its approval by the Bureau of Lands shall be borne by Mr. Rodriguez" is not a condition of the sale but only a statement of the manner by which the full consideration is to be computed and the time within which the same is to be paid. Indeed, the conduct of the parties after the sale indicates that the obligation to have the lot surveyed falls on the vendor Juan San Andres. For example, respondent's wife, Bibiana Rodriguez, testified that the late Ramon San Andres (the administrator of the estate of Juan San Andres) asked for money from them so that the former could commission Engr. Jose Pe�ero to survey the land subject of the sale, as he in fact did. 1 TSN (Bibiana Rodriguez), pp. 16-17, 26-30, April 13,1994.It appears that Engr. Pe�ero's sketch needed the imprimatur of the Bureau of Lands. Even then, however, this would not affect the validity of the sale but only the period of payment.

The other contentions raised by petitioners have already been passed upon in the decision in this case and need not be discussed further in this resolution.

WHEREFORE, petitioners' motion for reconsideration is DENIED with FINALITY. The petitioners are ORDERED to cause the preparation of the technical description of the 509 square meter lot and have it approved by the Bureau of Lands at the expense of the respondent.

Very truly yours,

(Sgd.) TOMASITA M. DRIS

Clerk of Court


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