Scribd Logo
Upload

Welcome to Scribd!

  • 770 views

    Babao V Perez - G.R. No. L-8334 - Case Digest

    Uploaded by

    Abigail Tolabing
    This case involves a verbal agreement between Santiago Babao and Celestina Perez where Babao would improve Perez's land in exchange for half the land upon Perez's death. However, Perez sold the land to another party before dying. The court ruled that the verbal agreement fell under the Statute of Frauds since the terms were not to be fully performed within one year. Specifically, Babao's improvements would take longer than one year to complete. Furthermore, the agreement involved the sale of real property, which must be in writing under the Statute of Frauds. Therefore, all evidence of the verbal agreement was inadmissible and the case was dismissed.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Babao V Perez - G.R. No. L-8334 - Case Digest

    Uploaded by

    Abigail Tolabing
    770 views2 pages
    This case involves a verbal agreement between Santiago Babao and Celestina Perez where Babao would improve Perez's land in exchange for half the land upon Perez's death. However, Perez sold the land to another party before dying. The court ruled that the verbal agreement fell under the Statute of Frauds since the terms were not to be fully performed within one year. Specifically, Babao's improvements would take longer than one year to complete. Furthermore, the agreement involved the sale of real property, which must be in writing under the Statute of Frauds. Therefore, all evidence of the verbal agreement was inadmissible and the case was dismissed.

    Original Title

    Babao v Perez - G.R. No. L-8334 - Case Digest

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This case involves a verbal agreement between Santiago Babao and Celestina Perez where Babao would improve Perez's land in exchange for half the land upon Perez's death. However, Perez sold the land to another party before dying. The court ruled that the verbal agreement fell under the Statute of Frauds since the terms were not to be fully performed within one year. Specifically, Babao's improvements would take longer than one year to complete. Furthermore, the agreement involved the sale of real property, which must be in writing under the Statute of Frauds. Therefore, all evidence of the verbal agreement was inadmissible and the case was dismissed.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    770 views2 pages

    Babao V Perez - G.R. No. L-8334 - Case Digest

    Uploaded by

    Abigail Tolabing
    This case involves a verbal agreement between Santiago Babao and Celestina Perez where Babao would improve Perez's land in exchange for half the land upon Perez's death. However, Perez sold the land to another party before dying. The court ruled that the verbal agreement fell under the Statute of Frauds since the terms were not to be fully performed within one year. Specifically, Babao's improvements would take longer than one year to complete. Furthermore, the agreement involved the sale of real property, which must be in writing under the Statute of Frauds. Therefore, all evidence of the verbal agreement was inadmissible and the case was dismissed.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    SUBJECT: Obligations and Contracts

    TOPIC: Statute of Frauds

    Babao v Perez
    G.R. No. L-8334, December 28, 1957

    GENERAL RULE OF LAW/DOCTRINE

    FACTS

    Facts:

    Santiago Babao married the niece of Celestina Perez. 1924, Santi and Celestina allegedly had a verbal agreement
    where Santi was bound to improve the land of Celestina by leveling, clearing, planting fruits and other crops; that
    he will act as the administrator of the land; that all expenses for labor and materials will be at his cost, in
    consideration of which Celestina in turn bound herself to convey to Santi or his wife ½ of the land, with all the
    improvements after the death of Celestina.

    But, shortly before Celestina’s death, she sold the land to another party. Thus, Santiago filed this complaint alleging
    the sale of the land as fraudulent and fictitious and prays to recover the ½ of the land or the expenses he incurred
    in improving the land.

    ISSUES AND RULINGS

    Whether or not the verbal agreement falls within the Stature of Frauds.

    Contracts which by their terms are not to be performed within one year, may be taken out of the statute through
    performance by one party thereto. All that is required in such case is complete performance within the year by one
    party, however many tears may have to elapse before the agreement is performed by the other party. But nothing
    less than full performance by one party will suffice, and it has been held that, if anything remains to be done after
    the expiration of the year besides the mere payment of money, the statute will apply." 1 (Emphasis supplied). It is
    not therefore correct to state that Santiago Babao has fully complied with his part within the year from the alleged
    contract in question.

    Having reached the conclusion that all the parol evidence of appellee was submitted in violation of the Statute of
    Frauds, or of the rule which prohibits testimony against deceased persons, we find unnecessary to discuss the
    other issues raised in appellants' brief.

    The case is dismissed, with costs against appellee.

    RELEVANT LAWS APPLICABLE

    Section 21 of Rule 123 of our Rules of Court, is now found in Article 1403 of the new Civil Code, which provides, in
    so far as pertinent to this case, as follows:

    In the following cases an agreement hereafter made shall be enforceable by action unless the same, or some note
    or memorandum thereof, be in writing, and subscribed by the party charged or by his agent, evidence therefore, of
    the agreement cannot be received without the writing, or secondary evidence of its contents;

    (a) An agreement that by its terms is not to be performed within a year from the making thereof.
    xxx xxx xxx

    (e) An agreement . . . for the sale of real property or of an interest therein.

    You might also like