VDA. DE JOMOC V.

CA (August 02, 1991)

FACTS:

A parcel of land in CDO owned by late Pantaleon Jomoc was fictitiously sold to third persons in which
the last transferee are the spouses Mariano and Maria So. Maria Vda de Jomoc filed suit to recover the
property and won.

While pending appeal, Vda de Jomoc executed executed a Deed of Extrajudicial Settlement and Sale of
Land with private respondent for P300,000.00. The document was not yet signed by all the parties nor
notarized but in the meantime, Maura So had made partial payments amounting to P49,000.00.

So demanded from the heirs of Jomoc for the execution of final deed of conveyance but the latter did no
comply. As such, So filed a civil case and a notice of lis pendens were placed in the title of the land.

On the same date, the heirs of Jomoc executed another extra-judicial settlement with absolute sale in
favor of intervenors Lim Leong Kang and Lim Pue claiming that they believe that So already backed-out
from the agreement.

ISSUE:

WON the sale is enforceable.

HELD:

Since petitioners admit the existence of the extra-judicial settlement, the court finds that there was
meeting of the minds between the parties and hence, there is a valid contract that has been partly
executed.

The contract of sale of real property even if not complete in form, so long as the essential requisites of
consent of the contracting parties, object, and cause of the obligation concur and they were clearly
established to be present, is valid and effective as between the parties. Public document is only needed
to bind third persons.

The payment made by So is a clear proof of her intention to acquire the property and the petitioners
cannot claim about the respondent backing out. The sale to the intervenors Lim cannot be recognized
because when they bought the property, there was already a notice of lis pendens and the sale cannot
be said to be in good faith.