When the sale is made through a public instrument, the execution thereof shall be equivalent to the delivery of the thing which is the object of the contract

It has been established that petitioners validly executed a deed of sale covering the subject parcels of land in favor of respondent after the latter paid the outstanding account of the former with the Philippine Veterans Bank.

Article 1498 of the Civil Code provides that when the sale is made through a public instrument, the execution thereof shall be equivalent to the delivery of the thing which is the object of the contract, if from the deed the contrary does not appear or cannot clearly be inferred. In the instant case, petitioners failed to present any evidence to show that they had no intention of delivering the subject lots to respondent when they executed the said deed of sale. Hence, petitioners’ execution of the deed of sale is tantamount to a delivery of the subject lots to respondent. The fact that petitioners remained in possession of the disputed properties does not prove that there was no delivery, because as found by the lower courts, such possession is only by respondent’s mere tolerance.

Lastly, the Court does not agree with petitioners’ assertion that the filing of the unlawful detainer case was premature, because respondent failed to comply with the provisions of the law on barangay conciliation. As held by the RTC, Barangay Kauswagan City Proper, through its Pangkat Secretary and Chairman, issued not one but two certificates to file action after herein petitioners and respondent failed to arrive at an amicable settlement. The Court finds no error in the pronouncement of both the MTCC and the RTC that any error in the previous conciliation proceedings leading to the issuance of the first certificate to file action, which was alleged to be defective, has already been cured by the MTCC’s act of referring back the case to the Pangkat Tagapagkasundo of Barangay Kauswagan for proper conciliation and mediation proceedings. These subsequent proceedings led to the issuance anew of a certificate to file action.

 http://sc.judiciary.gov.ph/jurisprudence/2011/march2011/151369.html

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About Erineus

Born on December 28, 1965, Surallah, South Cotabato, Southern Mindanao, Philippines.
This entry was posted in Land, Sales and tagged . Bookmark the permalink.

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