Case Digest on Obligations and Contracts:Sales - Double Sale - Ruperta Cano and Jesus Carlo Gerard Vda. De Viray v. Sps. Jose and Amelita Usi G.R. No. 192486
Ruperta Cano and Jesus Carlo Gerard Vda. De Viray v. Sps. Jose and Amelita Usi G.R. No. 192486, November 21, 2012 Facts: Lot 733, registered in the name of Mendoza is the subject of this case. Geodetic Engr Fajardo prepared the Fajardo Plan, in which Lot 733 was divided into 6 smaller parcels of differing size dimensions: Lot 733(A-F). Mendoza executed 2 separate deeds of absolute sale, the first, transferring Lot 733-F to Jesus and the second deed conveying Lot 733-A to Sps Viray. Vda. de Viray is the surviving spouse of Jesus. Mendoza, Vda. de Mallari and Sps. Usi, as purported co-owners of Lot 733, executed the 1st Subdivision Agreement (SA) in accordance with Galang Plan. Then they executed the 2nd SA. The subdivision of Lot 733, per the Galang Plan, and the 2 SAs concluded based on that plan, virtually resulted in the loss of the identity of what under the Fajardo Plan were Lot 733-A and Lot 733-F. The Sps. Viray and the late Jesus purchased Lot 733-A and Lot 733-F, respec...