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Showing posts with the label statute of frauds

Case Digest on Obligations and Contracts: Statute of Frauds - San Miguel Properties, Inc. v. BF Homes, Inc. G.R. No. 169343

San Miguel Properties, Inc. v. BF Homes, Inc. G.R. No. 169343, [August 5, 2015] Facts: BF homes (BF) and San Miguel Properties Inc. (SMPI) entered three successive Deeds of Absolute Sale whereby the latter sold to the former a total of 130 Italia lots. SMPI completed payments of the 130 lots but only 110 of out of the 130 transfer of certificate of titles were delivered to SMPI. After demand which was unheeded, SMPI filed a complaint for specific performance with damages with the HLURB. In its answer, BF claims that Orendain was not authorized to enter into the Deed of Absolute Sale and that the Deeds of Absolute Sale were not notarized and were undated. Issue: Whether the Deeds of Absolute Sale are unenforceable for failure to comply with the Statute of Frauds Ruling: The Deeds are enforceable. The contracts of sale of the 130 Italia II lots between BF Homes and SMPI were reduced into writing into the three Deeds of Absolute Sale which were signed by the representatives of...

Case Digest on Obligations and Contracts: Statute of Frauds - Anthony Orduña et al. v. Eduardo Fuentebella, et al. G.R. No. 176841

Anthony Orduña et al. v. Eduardo Fuentebella, et al. G.R. No. 176841, June 29, 2010 Facts: Gabriel, Sr. sold the subject lot to petitioner Antonita Orduňa, payable in installment, but no formal deed was executed to document the sale. The installments were paid to Gabriel, Sr. and later to Gabriel, Jr. after the former’s death. Improvements were thereafter made by petitioner. Without the knowledge of petitioners, Gabriel, Jr. sold the property to Banta, who then sold the same to the Cids and ultimately it was ceded to respondent Fuentebella. Petitioner, after being demanded by Fuentebella to vacate the disputed land, then filed a Complaint for Annulment of Sale, Title, Reconveyance with damages with a prayer to acquire ownership over the subject lot upon payment of their remaining balance. The RTC dismissed the petition because the verbal sale was unenforceable under the Statute of Frauds. The CA affirmed this ruling. Issue: Whether or not the sale of the subject lot by Gabrie...