Jambrich, an Austrian, fell in-love and lived together with
Descallar and bought their houses and lots at Agro-Macro
Subdivision. In the Contracts to Sell, Jambrich and Descallar were
referred to as the buyers. When the Deed of Absolute Sale was
presented for registration before the Register of Deeds, it was
refused because Jambrich was an alien and could not acquire
alienable lands of the public domain. After Jambrich and Descallar
separated, Jambrich purchased an engine and some accessories for
his boat from Borromeo. To pay for his debt, he sold his rights and
interests in the Agro-Macro properties to Borromeo.Borromeo
discovered that titles to the three (3) lots have been transfereed
in the name of Descallar. Who is the rightful owner of the
properties? Explain. (5%)
Eulalia was engaged in the business of buying and selling large
cattle. In order to secure the financial capital, she advanced for
her employees(biyaheros). She required them to surrender TCT of
their properties and to execute the corresponding Deeds of Sale in
her favor. Domeng Bandong was not required to post any security but
when Eulalia discovered that he incurred shortage in cattle
procurement operation, he was required to execute a Deed of Sale
over a parcel of land in favor of Eulalia. She sold the property to
her grandneice Jocelyn who thereafter instituted an action for
ejectment against the Spouses Bandong.To assert their right,
Spouses Bandong filed an action for annulment of sale against
Eulalia and Jocelyn alleging that there was no sale intended but
only equitable mortgage for the purpose of securing the shortage
incurred by Domeng in the amount ofP70, 000.00 while employed as
"biyahero" by Eulalia. Was the Deed of Sale between Domeng and
Eulalia a contract of sale or an equitable mortgage? Explain.
(5%)
A contract to sell is the same as a conditional contract of
sale. Do you agree? Explain your answer. (5%)
dux leased his house to Iris for a period of 2 years, at the
rate of P25,000.00 monthly, payable annually in advance. The
contract stipulated that it may be renewed for another 2-year
period upon mutual agreement of the parties. The contract also
granted Iris the right of first refusal to purchase the property at
any time during the lease, if Dux decides to sell the property at
the same price that the property is offered for sale to a third
party. Twenty-three months after execution of the lease contract,
Dux sold the house to his mother for P2 million. Iris claimed that
the sale was a breach of her right of first refusal. Dux said there
was no breach because the property was sold to his mother who is
not a third party. Iris filed an action to rescind the sale and to
compel Dux to sell the property to her at the same price.
Alternatively, she asked the court to extend the lease for another
2 years on the same terms. a) Can Iris seek rescission of the sale
of the property to Duxs mother? (3%) b) Will the alternative prayer
for extension of the lease prosper? (2%)
