Professional Documents
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2006 Bar PDF
2006 Bar PDF
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.
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).