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    Sophia Oñate
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    Biong and Linda wanted to sell their house. Linda negotiated with prospective buyer Ray and they agreed on a price of 2 million pesos. Ray sent a letter confirming his intent to buy and prepared documents for the sale. Biong signed the documents and received the 2 million pesos from Ray. However, Linda refused to sign upon returning from abroad, saying she changed her mind. Linda filed suit to nullify the sale and claimed damages from Ray.

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    Biong and Linda wanted to sell their house. Linda negotiated with prospective buyer Ray and they agreed on a price of 2 million pesos. Ray sent a letter confirming his intent to buy and prepared documents for the sale. Biong signed the documents and received the 2 million pesos from Ray. However, Linda refused to sign upon returning from abroad, saying she changed her mind. Linda filed suit to nullify the sale and claimed damages from Ray.

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    83 views1 page

    2006 Bar PDF

    Uploaded by

    Sophia Oñate
    Biong and Linda wanted to sell their house. Linda negotiated with prospective buyer Ray and they agreed on a price of 2 million pesos. Ray sent a letter confirming his intent to buy and prepared documents for the sale. Biong signed the documents and received the 2 million pesos from Ray. However, Linda refused to sign upon returning from abroad, saying she changed her mind. Linda filed suit to nullify the sale and claimed damages from Ray.

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    2006 bar

    Spouses Biong and Linda wanted to sell' their house. They found a prospective buyer, Ray.
    Linda negotiated with Ray for the sale of the property. They agreed on a fair price of P2 Million.
    Ray sent Linda .a letter confirming his intention to buy the property. Later, another couple,
    Bernie and Elena, offered a similar house at a lower price of Pl.5 Million. But Ray insisted on
    buying the house of Biong and Linda for sentimental reason. Ray prepared a deed of sale to be
    signed by the couple and a manager's check for P2 Million. After receiving the P2 Million, Biong
    signed the deed of sale. However, Linda was not able to sign it because she was abroad. On
    her return, she refused to sign the document saying she changed her mind. Linda filed suit for
    nullification of the deed of sale and for moral and exemplary damages against Ray.

    1. Will the suit prosper? Explain. 2.5%

    No, the suit will not prosper. The contract of sale was In a CONTRACT OF SALE,
    ownership is transferred to perfected when Linda and Ray agreed on the object of the sale
    and the price [Art. 1475, New Civil Code]. The consent of Linda has already been given,
    as shown by her agreement to the price of the sale. There is therefore consent on her part
    as the consent need not be given in any specific form. Hence, her consent may be given
    by implication, especially since she was aware of, and participated in the sale of the
    property (Pelayo v. CA, G.R. No. 141323, June 8, 2005). Her action for moral and
    exemplary damages will also not prosper because the case does not fall under any of
    those mentioned in Art. 2219 and 2232 of the Civil Code.

    2. Does Ray have any cause of action against Biong and Linda? Can he also recover
    damages from the spouses? Explain. 2.5%

    Considering that the contract has already been perfected and taken out of the operation of
    the statute of frauds, Ray can compel Linda and Biong to observe the form required by
    law in order for the property to be registered in the name of Ray which can be filed
    together with the action for the recovery of house [Art. 1357 New Civil Code]. In the
    alternative, he can recover the amount of Two million pesos (P2,000,000.00) that he paid.
    Otherwise, it would result in solutio indebiti or unjust enrichment. Ray can recover moral
    damages on the ground that the action filed by Linda is clearly an unfounded civil suit
    which falls under malicious prosecution {Ponce v. Legaspi, G.R. No. 79184, May
    6,1992).

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