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    Conde+v +CA

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    Julian Paul Cacho
    The document discusses a case regarding a property sale with a right of repurchase. Dominga Conde and others had sold land to the Altera spouses, with a contract allowing repurchase within 10 years. After 10 years, Paciente Cordero, the son-in-law of the Alteras, signed a document allowing Dominga Conde's representative to repurchase the land. The court found that the Alteras' silence implied consent to the repurchase agreement. The court also noted that Dominga Conde had possessed the land and paid taxes since 1945. Therefore, the court held that Dominga Conde had validly repurchased the lot.

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    Conde+v +CA

    Uploaded by

    Julian Paul Cacho
    56 views1 page
    The document discusses a case regarding a property sale with a right of repurchase. Dominga Conde and others had sold land to the Altera spouses, with a contract allowing repurchase within 10 years. After 10 years, Paciente Cordero, the son-in-law of the Alteras, signed a document allowing Dominga Conde's representative to repurchase the land. The court found that the Alteras' silence implied consent to the repurchase agreement. The court also noted that Dominga Conde had possessed the land and paid taxes since 1945. Therefore, the court held that Dominga Conde had validly repurchased the lot.

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    Conde+v.+CA

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    The document discusses a case regarding a property sale with a right of repurchase. Dominga Conde and others had sold land to the Altera spouses, with a contract allowing repurchase within 10 years. After 10 years, Paciente Cordero, the son-in-law of the Alteras, signed a document allowing Dominga Conde's representative to repurchase the land. The court found that the Alteras' silence implied consent to the repurchase agreement. The court also noted that Dominga Conde had possessed the land and paid taxes since 1945. Therefore, the court held that Dominga Conde had validly repurchased the lot.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    56 views1 page

    Conde+v +CA

    Uploaded by

    Julian Paul Cacho
    The document discusses a case regarding a property sale with a right of repurchase. Dominga Conde and others had sold land to the Altera spouses, with a contract allowing repurchase within 10 years. After 10 years, Paciente Cordero, the son-in-law of the Alteras, signed a document allowing Dominga Conde's representative to repurchase the land. The court found that the Alteras' silence implied consent to the repurchase agreement. The court also noted that Dominga Conde had possessed the land and paid taxes since 1945. Therefore, the court held that Dominga Conde had validly repurchased the lot.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 1

    Conde V. CA1 | Melencio-Herrera, J.

    (1982)
    RATIO DECIDENDI
    The purpose of the rule is to give stability to written agreements,
    and to remove the temptation and possibility of perjury, which
    would be afforded if parol evidence was admissible.
    FACTS

    Although the 10 year period had lapsed in 1965, and


    there was no annotation of any repurchase by Dominga
    Conde, neither had the title been cleared of the
    encumbrance.

    They were put on notice that some other person


    could have a right to or interest in said property.
    The Conde spouses conends that Paciente Cordero signed the
    document of repurchase merely to show that he had no objection
    to the repurchase. They introduced evidence for this purpose.
    o
    There is nothing in the document of repurchase to
    show that Paciente Cordero had signed the same merely
    to indicate that he had no objection to Dominga Condes
    right of repurchase.
    o
    At the same time, he had no personality to object.
    o
    To uphold his oral testimony on that point, would be a
    departure from the parol evidence rule and would defeat
    the purpose for which the doctrine is intended.

    The purpose of the rule is to give stability to


    written agreements, and to remove the
    temptation and possibility of perjury, which
    would be afforded if parol evidence was
    admissible.
    o

    Margarita Conde, Bernardo Conde and Dominga Conde sold with a


    right of repurchase, within 10 years from, a parcel of agricultural
    land to the Altera Spouses.
    o
    The contract provided that: If at the end of 10 years the
    said land is not repurchased, a new agreement shall be
    made between the parties and in no case title and
    ownership shall be vested in the hand of the party of the
    Second Part (Alteras).
    The Cadastral Court of Leyte then adjudicated the lot to the
    Alteras subject to the right of redemption counting from 7 April
    1938 after returning the amount of PHP 165.00
    On 28 November 1945, Paciente Cordero, son-in-law of the
    Alteras signed a document allowing Eusebio Amarille, the
    representative of the Condes, to repurchase the land.
    On 30 June 1965, Pio Altera sold the disputed lot to the
    spouses Ramon Conde and Catalina Conde. (Relationship to
    the other Condes were not shown)
    Dominga then filed a Complaint for quieting of title to property.

    ISSUE/HELD
    WoN Dominga Conde validly repurchased the said lot - YES
    RATIO

    An implied agency was created from the silence or lack of action,


    or their failure to repudiate the agreement.
    o
    The Alteras did not repudiate the agreement that their
    son-in-law signed.
    From the execution of the repurchase document in 1945,
    possession, which heretofore had been with the Alteras, has been
    in the hands of Dominga Conde as stipulated therein.
    Land taxes has already been paid for by Dominga Conde.
    Ramon and Catalina Conde are not purchasers in good faith.
    o
    The OCT in the name of the Alteras specifically contained
    the condition that it was subject to the right of
    repurchase within 10 years from 1938.

    PAT HERNANDEZ

    C2012 DIGEST GROUP | NEGOTIABLE INSTRUMENTS LAW VAZQUEZ


    Page 1 of 1

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