4 Carabeo Vs Sps Dingco

Republic of the Philippines Respondents were later to claim that when they were about to hand in
Supreme Court the balance of the purchase price, petitioner requested them to keep it
Baguio City
first as he was yet to settle an on-going squabble over the land.
THIRD DIVISION Nevertheless, respondents gave petitioner small sums of money

DOMINGO CARABEO, G.R. No. 190823 from time to time which totaled P9,100, on petitioners request according
Petitioner, to them; due to respondents inability to pay the amount of the remaining
Present:
balance in full, according to petitioner.
CARPIO,* J.,
- versus - CARPIO MORALES, J., Chairperson,
By respondents claim, despite the alleged problem over the land,
BRION,
BERSAMIN, and they insisted on petitioners acceptance of the remaining balance
SERENO, JJ. of P18,900 but petitioner remained firm in his refusal, proffering as
SPOUSES NORBERTO and
SUSAN DINGCO, Promulgated: reason therefor that he would register the land first.
Respondents. April 4, 2011
x--------------------------------------------------x Sometime in 1994, respondents learned that the alleged problem

over the land had been settled and that petitioner had caused its
registration in his name on December 21, 1993 under Transfer
DECISION
Certificate of Title No. 161806. They thereupon offered to pay the
CARPIO MORALES, J.: balance but petitioner declined, drawing them to file a complaint before
the Katarungan Pambarangay. No settlement was reached, however,
On July 10, 1990, Domingo Carabeo (petitioner) entered into a contract hence, respondent filed a complaint for specific performance before the
denominated as Kasunduan sa Bilihan ng Karapatan sa Regional Trial Court (RTC) of Balanga, Bataan.
Lupa[1] (kasunduan) with Spouses Norberto and Susan Dingco
(respondents) whereby petitioner agreed to sell his rights over a 648 Petitioner countered in his Answer to the Complaint that the sale
square meter parcel of unregistered land situated in Purok III, Tugatog, was void for lack of object certain, the kasunduan not having specified
Orani, Bataan to respondents for P38,000. the metes and bounds of the land. In any event, petitioner alleged that if
the validity of the kasunduan is upheld, respondents failure to comply
Respondents tendered their initial payment of P10,000 upon signing of with their reciprocal obligation to pay the balance of the purchase price
the contract, the remaining balance to be paid on September 1990. would render the action premature. For, contrary to respondents claim,
petitioner maintained that they failed to pay the balance of P28,000 on
September 1990 to thus constrain him to accept installment payments
totaling P9,100. (A)
in holding that the element of a contract, i.e., an

After the case was submitted for decision or on January 31, object certain is present in this case.
[2]
2001, petitioner passed away. The records do not show that petitioners
(B)
counsel informed Branch 1 of the Bataan RTC, where the complaint was
lodged, of his death and that proper substitution was effected in in considering it unfair to expect respondents
accordance with Section 16, Rule 3, Rules of Court.[3] who are not lawyers to make judicial consignation after
herein petitioner allegedly refused to accept payment of
the balance of the purchase price.
By Decision of February 25, 2001,[4] the trial court ruled in favor
of respondents, disposing as follows: (C)
WHEREFORE, premises considered, judgment in upholding the validity of the contract,

is hereby rendered ordering: Kasunduan sa Bilihan ng Karapatan sa Lupa, despite
the lack of spousal consent, (underscoring supplied)
1. The defendant to sell his right over 648 square meters
of land pursuant to the contract dated July 10, 1990
by executing a Deed of Sale thereof after the payment and proffering that
of P18,900 by the plaintiffs;
(D)
2. The defendant to pay the costs of the suit.
[t]he death of herein petitioner causes the dismissal of
SO ORDERED.[5]
the action filed by respondents; respondents cause of
action being an action in personam. (underscoring
supplied)
Petitioners counsel filed a Notice of Appeal on March 20, 2001.
By the herein challenged Decision dated July 20, 2009,[6] the The petition fails.
Court of Appeals affirmed that of the trial court.
The pertinent portion of the kasunduan reads:[8]
Petitioners motion for reconsideration having been denied by xxxx
Resolution of January 8, 2010, the present petition for review was filed Na ako ay may isang partial na lupa
by Antonio Carabeo, petitioners son,[7] faulting the appellate court: na matatagpuan sa Purok 111, Tugatog, Orani Bataan, na
may sukat na 27 x 24 metro kuwadrado, ang nasabing of action which do not survive, the injury complained
lupa ay may sakop na dalawang punong santol at isang of is to the person, the property and rights of property
punong mangga, kayat ako ay nakipagkasundo sa mag- affected being incidental. (emphasis and underscoring
asawang Norby Dingco at Susan Dingco na ipagbili sa supplied)
kanila ang karapatan ng nasabing lupa sa
halagang P38,000.00.
In the present case, respondents are pursuing a property right
x x x x (underscoring supplied) arising from the kasunduan, whereas petitioner is invoking nullity of
the kasunduan to protect his proprietary interest. Assuming arguendo,
however, that the kasunduan is deemed void, there is a corollary
That the kasunduan did not specify the technical boundaries of
obligation of petitioner to return the money paid by respondents, and
the property did not render the sale a nullity. The requirement that a sale
since the action involves property rights,[12] it survives.
must have for its object a determinate thing is satisfied as long as, at the
time the contract is entered into, the object of the sale is capable of being
It bears noting that trial on the merits was already
made determinate without the necessity of a new or further agreement
concluded before petitioner died. Since the trial court was not informed
between the parties.[9] As the above-quoted portion of
of petitioners death, it may not be faulted for proceeding to render
the kasunduan shows, there is no doubt that the object of the sale is
judgment without ordering his substitution. Its judgment is thus valid
determinate.
and binding upon petitioners legal representatives or successors-in-
interest, insofar as his interest in the property subject of the action is
Clutching at straws, petitioner proffers lack of spousal
concerned.[13]
consent. This was raised only on appeal, hence, will not be
considered, in the present case, in the interest of fair play, justice and
In another vein, the death of a client immediately divests the
due process.[10]
counsel of authority.[14] Thus, in filing a Notice of Appeal, petitioners
counsel of record had no personality to act on behalf of the already
Respecting the argument that petitioners death rendered respondents
deceased client who, it bears reiteration, had not been substituted as a
complaint against him dismissible, Bonilla v. Barcena[11] enlightens:
party after his death. The trial courts decision had thereby become final
The question as to whether an action survives or and executory, no appeal having been perfected.
not depends on the nature of the action and the damage
sued for. In the causes of action which survive, the WHEREFORE, the petition is DENIED.
wrong complained [of] affects primarily and
principally property and property rights, the injuries to
the person being merely incidental, while in the causes

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Republic of the Philippines Respondents were later to claim that when they were about to hand in

THIRD DIVISION Nevertheless, respondents gave petitioner small sums of money

x--------------------------------------------------x Sometime in 1994, respondents learned that the alleged problem

in holding that the element of a contract, i.e., an

WHEREFORE, premises considered, judgment in upholding the validity of the contract,

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