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  • Chu Vs Cunanan

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    Mark Fernandez
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    Chu sold 5 parcels of land to Cunanan, with a down payment and agreement for Cunanan to pay the remaining balance within 3 months. However, Cunanan did not pay Chu and instead transferred the titles to her name and sold some of the lots to other parties without Chu's knowledge. When Chu sued Cunanan and the other parties who acquired the lots, the issue was whether the case was barred by res judicata since a prior compromise agreement did not include all parties and properties.

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    Chu sold 5 parcels of land to Cunanan, with a down payment and agreement for Cunanan to pay the remaining balance within 3 months. However, Cunanan did not pay Chu and instead transferred the titles to her name and sold some of the lots to other parties without Chu's knowledge. When Chu sued Cunanan and the other parties who acquired the lots, the issue was whether the case was barred by res judicata since a prior compromise agreement did not include all parties and properties.

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    © All Rights Reserved
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    10 views1 page

    Chu Vs Cunanan

    Uploaded by

    Mark Fernandez
    Chu sold 5 parcels of land to Cunanan, with a down payment and agreement for Cunanan to pay the remaining balance within 3 months. However, Cunanan did not pay Chu and instead transferred the titles to her name and sold some of the lots to other parties without Chu's knowledge. When Chu sued Cunanan and the other parties who acquired the lots, the issue was whether the case was barred by res judicata since a prior compromise agreement did not include all parties and properties.

    Copyright:

    © All Rights Reserved
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    FULL TITLE: Chu vs Cunanan

    TOPIC: RULE 39

    STATEMENT OF THE FACTS:


    Chu (vendor) entered into a “deed of sale with assumption of mortgage” with Cunanan (vendee) for 5 parcels of land
    in Pampanga. Price for the sale is P5.1M (TERMS: P1M –down payment paid to Chu; P1.6M paid to bank to free it
    from mortgage; P2.5M to be paid within 3 mos)
    Cunanan didn’t pay the balance to the Chus, but was able to transfer the title of the lots to her name without the
    knowledge of the latter. Cunanan then sold 2/5 lots to Carlos (and Carlos subsequently sold the 2 to Benelda Estate)
    and 3/5 to Cool Town Realty.

    ISSUE:
    WON the action is barred by res judicata although compromise agreement did not expressly include Benelda Estate
    as party and although the compromise agreement made no reference to the lots now registered in Benilda Estate’s
    name?

    RULING:

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