Tag Archives: General Principles

PAL vs CA

Fact: Petitioner, to satisfy the judgment award to the private respondent, issued a check under the name of the executing officer sheriff. The said sheriff then withdrew the check and absconded. The private respondent filed a writ to garish the bank of the petitioner which the court granted. The petitioner appeal contending that they haveContinue reading “PAL vs CA”

Tibajia vs CA

Facts: Petitioner delivered to the deputy sheriff the total amount of judgment in two separate mode of payment. One is in cash and the other is in cashier’s check. The Respondent refused to accept the said payment and instead insisted to garnish the funds deposited by the Petitioner in the RTC. The petitioner filed aContinue reading “Tibajia vs CA”

PERPETUA VDA. DE APE vs. COURT OF APPEALS G.R. No. 133638, April 15, 2005

Fact: Private respondent instituted a case for “Specific Performance of a Deed of Sale with Damages” against Fortunato and his wife Petitioner.  It was alleged in the complaint that on 11 April 1971, private respondent and Fortunato entered into a contract of sale of land under which for a consideration of P5,000.00, Fortunato agreed toContinue reading “PERPETUA VDA. DE APE vs. COURT OF APPEALS G.R. No. 133638, April 15, 2005”

ANG YU ASUNCION vs. COURT OF APPEALS G.R. No. 109125, December 2, 1994

Fact: Petitioners filed a complaint against Unjiengs, before the Regional Trial Court alleging that Unjiengs informed Petitioners that they are offering to sell the premises and are giving them priority to acquire the same; that during the negotiations, Unjiengs offered a price of P6-million while Petitioners made a counter offer of P5-million; that Petitioners thereafterContinue reading “ANG YU ASUNCION vs. COURT OF APPEALS G.R. No. 109125, December 2, 1994”

TORCUATOR vs. BERNABE G.R. No. 134219, June 08, 2005

Facts: The subject of this action is Lot 17, Block 5 of the Ayala Alabang Village, Muntinlupa, Metro-Manila, The lower court found that the above parcel of land was purchased by the Salvadors, from the developers of Ayala Alabang subject  to Conditions. The Salvadors sold the parcel of land to the Defendant. The Defendant, onContinue reading “TORCUATOR vs. BERNABE G.R. No. 134219, June 08, 2005”

VILLONCO REALTY COMPANY vs. BORMAHECO, INC. G.R. No. L-26872, July 25, 1975

Fact: This action was instituted by plaintiff against defendants for the specific performance of a supposed contract for the sale of land and the improvements thereon for one million four hundred thousand pesos. Defendants are the owners of 3 lots at 245 Buendia Avenue, Makati, Rizal. There were negotiations for the sale of the saidContinue reading “VILLONCO REALTY COMPANY vs. BORMAHECO, INC. G.R. No. L-26872, July 25, 1975”