- GPSI, agent of Starr Piano gave the list price to Arco Amusement, which Arco subsequently paid - Issue: Whether or not contract was a contract of sale or contract of agency - Held: Contract of sale; Vendor Starr Piano not bound to reimburse Arco the excess of Net price; Arco WILLINGLY paid the price quoted; Profit of Vendor NOT a ground to reduce price/rescind a contract Yuson v Vitan - Yuson, a taxi driver, loaned 100,000 to Vitan, his lawyer - Vitan executed post dated checks (to ensure payment of debt) but which were subsequently dishonored - Yuson tried to recover but only received partial payment so he filed Admin. Case against Vitan - Vitan execute deed of Ab. Sale to Yuson, so the latter could sell/mortgage and apply the proceeds to debt - Issue: W/N Vitans obligation to pay the debt was extinguished b/c he sold his property to Yuson Dacion en Pago? - NOOOO Lo v KJS-Eco Framework - P owes R; P couldnt pay so assigned his right of accounts receivable from Q to R. When R tried to collect from Q, Q said P still owed debts to Q so compensation took place. R recover from P. - Issue: was there dacion en pago? - Held: YES Paragas v. Balacano - Gregorio Balacano, 80 plus years old and in a hospital diagnosed with cirrhosis, sold parcels of land to Spouses ParagasSigned a deed of sale. Died 6 days later - Issue: WON sale was VOID or merely VOIDABLE - Held: Sale was VOID. No intent to sell parcels of land not merely defective consent but NO CONSENT AT ALL. General rule is that senility does not affect validity of consent unless shown that there was a defect wherein contract would be voidable but in this case, Balacano was at the near point of death, hospitalized, could not have possibly intend on entering such contract. - Side note: The notary public also had no authority to notarize so contract FISHY Rubias v. Batiller - Held: Public policy/public interest dictate that sale of property in litigation (pendent lite) to a participating attorney is VOID and cannot be ratified or subject to a new agreement (HMMM) Phil Trust v. Roldan
Roldan, after seeking approval by court, sold her wards property to
her brother-in-law (minor), who sold it back to her promptly thereafter P replaced Roldan as guardian. Should sale be ANNULLED? YES Even court declaration cannot prevail over an express prohibition by law. It was clear from the intentions that her sale to in-law was in order to circumvent the prohibition Held: Roldan could NOT pass title to bro-in-law
Rongavilla v. CA & De La Cruz
- Doctrine: Deed of Sale was void on TWO grounds: Lack of consent and want of consideration - Gross inadequacy and unconscionableness of consideration (2000 for parcel of land) NULLIFIES contract - De La Cruz sisters had NO intention to enter into a sale - Deed of Sale was fictitious/simulated De La Cruz sisters NEVER received the consideration Mate v. Tan & CA