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PERFECTO DY, JR. petitioner, vs. COURT OF Search This Blog

APPEALS, GELAC TRADING INC., and ANTONIO Search
V. GONZALES, Respondents.
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G.R. No. 92989 July 8, 1991 Followers (0)

FACTS: Follow

Wilfredo Dy purchased a truck and a farm tractor through LIBRA which was also
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mortgaged with the latter, as a security to the loan.
▼ 2011 (51)
Petitioner, expresses his desire to purchased his brother’s tractor in a letter to ► March (2)
LIBRA which also includes his intention to shoulder its mortgaged. LIBRA ▼ February (49)
approved the request. At the time that Wilfredo Dy executed a deed of absolute EMMA ADRIANO
BUSTAMANTE, in her own
sale in favor of petitioner, the tractor and truck were in the possession of LIBRA
behalf as Guar...
for his failure to pay the amortization.
JARCO MARKETING
CORPORATION,
When petitioner finally fulfilled its obligation to pay the tractor, LIBRA would only LEONARDO KONG, JOSE
release the same only if he would also pay for the truck. In order to fulfill T...

LIBRA’s condition, petitioner convinced his sister to pay for the remaining truck, CHINA AIR LINES, LTD.,
petitioner, 
vs.
COURT
to which she released a check amounting to P22,000. LIBRA however, insisted OF A...
that the check must be first cleared before it delivers the truck and tractor.
EQUATORIAL REALTY
DEVELOPMENT, INC. &
Meanwhile, another case penned “Gelac Trading Inc vs. Wilfredo Dy” was CARMELO & BA...
pending in Cebu as a case to recover for a sum of money (P12,269.80). By a ANG YU ASUNCION, ARTHUR
writ of execution the court in Cebu ordered to seize and levy the tractor which GO AND KEH TIONG vs
THE H...
was in the premise of LIBRA, it was sold in a public auction to which it was
LINA MONTILLA vs COURT
purchased by GELAC. The latter then sold the tractor to Antonio Gonzales. OF APPEALS and EMILIO
ARAGO...
RTC rendered in favor of petitioner. NICOLAS SANCHEZ vs
SEVERINA RIGOS
CA dismissed the case, alleging that it still belongs to Wilfredo Dy. SPOUSES JULIO D.
VILLAMOR AND MARINA
ISSUE: VILLAMOR vs T...

Whether or not there was a consummated sale between Petitioner and LIBRA? ANTONIO ENRIQUEZ DE LA
CAVADA vs ANTONIO DIAZ

HELD: ROSARIO CARBONELL,

petitioner, 
vs.

HONORABLE COUR...
NO.
JOSE SANTA ANA, JR. and
LOURDES STO. DOMINGO,
The payment of the check was actually intended to extinguish the mortgage peti...
obligation so that the tractor could be released to the petitioner. It was never VICTORIA R. VALLARTA,
intended nor could it be considered as payment of the purchase price because Petitioner, vs. THE
HONORABL...
the relationship between Libra and the petitioner is not one of sale but still a
PERFECTO DY, JR. petitioner,
mortgage. The clearing or encashment of the check which produced the effect
vs. COURT OF APPEALS,...
of payment determined the full payment of the money obligation and the release
CALIXTO PASAGUI and
of the chattel mortgage. It was not determinative of the consummation of the FAUSTA MOSAR, plaintiffs-
sale. The transaction between the brothers is distinct and apart from the appel...
transaction between Libra and the petitioner. The contention, therefore, that the
consummation of the sale depended upon the encashment of the check is A. ADDISON, plaintiff-appellant,

vs.
MARCIANA FEL...
untenable.
BUKIDNON DOCTORS
HOSPITAL VS
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