GR NO. 166190, Sep 20, 2006

Topics:

Contract of Sale

Summary:

A piece of land in Davao Cadastre, situated in Langub, Davao City, belonged to Venancio Bajenting, who held a free patent over it. The Heirs filed for Quieting of Title, Repurchase of Property, Recovery of Title, and Damages with the Regional Trial Court. The Heirs were given a favorable ruling by the RTC, but the CA overturned it on appeal. The CA determined, based on the pleadings and the facts on file, that the Heirs sought to repurchase the property merely in order to resell it, which was against the law’s intent to secure the family home in order to support families as the foundation of society and thereby advance public welfare. The court ruled in favor of the respondent’s claim that petitioners must sign a notarized deed of absolute sale of the property after paying the remaining balance of the purchase price. A selling agreement is a mutually agreed-upon contract. The parties may each demand performance once the contract is complete. The vendor may oblige the vendee to pay the thing sold, and the vendee may compel the transfer of ownership of the object of the sale. 

Doctrines:

The purpose of Act 141, as amended, provisions granting rights and privileges to patentees or homesteaders, as explained by this Court, is to provide each citizen with a home where his family can settle and live outside the reach of financial misfortune and to instill in people the feelings of independence that are crucial to the maintenance of free institutions. The State has a responsibility to protect the citizen from being destitute and resigned to pauperism. The Court further stressed that the goal of the law is to preserve the family home in line with the State’s policy of supporting families as the building blocks of society and promoting public welfare.

Facts:

A piece of land in Davao Cadastre, situated in Langub, Davao City, belonged to Venancio Bajenting, who held a free patent over it. Felisa and the other heirs signed an Extrajudicial Settlement following Venancio’s intestate death. A piece of the land was sold in the same document to Sonia Luz Alfafara, the spouse, and another section to Engr. Mr. Romeo F. Baez. In the interim, Langub properties were designated as a low density residential zone by Sangguniang Panglunsod Resolution No. 10254 and City Ordinance No. 263, Series of 1982. The Heirs, among whom is Felisa, tried to repurchase the land in accordance with Section 119 of Commonwealth Act No. 141, but the Respondents rejected their request. The Heirs filed for Quieting of Title, Repurchase of Property, Recovery of Title, and Damages with the Regional Trial Court. The Heirs were given a favorable ruling by the RTC, but the CA overturned it on appeal. The CA determined, based on the pleadings and the facts on file, that the Heirs sought to repurchase the property merely in order to resell it, which was against the law’s intent to secure the family home in order to support families as the foundation of society and thereby advance public welfare.

Issue:

Whether the Heirs Of Venancio Bajenting are qualified to repurchase the property under Commonwealth Act No. 141 and is the sale subject to a finalized contract? 

Ruling:

The court concurred with the respondent’s claim that petitioners must sign a notarized deed of absolute sale of the property after paying the remaining balance of the purchase price. A selling agreement is a mutually agreed-upon contract. The parties may each demand performance once the contract is complete. The vendor may oblige the vendee to pay the thing sold, and the vendee may compel the transfer of ownership of the object of the sale. 

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