ANG YU ASUNCION VS. CA 238 SCRA 602 G.R. No. 109125 December 2, 1994 Obligations and Contracts, Sources of An Obligation, Lis Pendens, Art. 1156, Civil Code - PINAY JURIST PDF

1/22/2020 ANG YU ASUNCION VS. CA 238 SCRA 602 G.R. No.
G.R. No. 109125 December 2, 1994 Obligations and Contracts, Sources of an Obligation, Lis Pendens, …
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1/22/2020 ANG YU ASUNCION VS. CA 238 SCRA 602 G.R. No. 109125 December 2, 1994 Obligations and Contracts, Sources of an Obligation, Lis Pendens, …
A complaint for Specific Performance was policy
filed by Ang Yu Asuncion et al., against

I'M IN!
Bobby Cu Unjieng and Jose Tan. The
plaintiffs were tenants or lessees of
residential and commercial spaces owned
by defendants in Binondo. On several
conditions defendants informed the CATEGORIES
plaintiffs that they are offering to sell the
Banking
premises and are giving them priority to
acquire the same.
Bar Q & A
During negotiations, Cu Unjieng offered a Civil Law
price of P6- million while plaintiffs made a

Constitutional Law
counter of offer of P5-million. Plaintiff
thereafter asked the defendants to put Corporation Law
their offer in writing to which the
defendants acceded. In reply to Criminal Law
defendants’ letter, plaintiffs wrote, asking

Election Law
thatthey specify the terms and conditions
of the offer to sell. When the plaintiffs did Insurance
not receive any reply, they sent another
Intellectual Property
letter with the same request. Since
Law
defendants failed to specify the terms and
conditions of the offer to sell and because International Law
of information received that the
defendants were about to sell the property, Labor Law
plaintiffs were compelled to file the

Law School
complaint to compel defendants to sell the
property to them. Legal Ethics
Mercantile Law
The court dismissed the complaint on the
ground that the parties did not agree upon
Political Law
the terms and conditions of the proposed
sale, hence, there was no contact of sale Remedial Law
atall. The Cu Unjieng spouses executed a

Special Proceedings
Deed of Sale transferring the property
inquestion to Buen Realty and Taxation

Development Corporation. Buen Realty, as
the new owner of the subject property,
wrote to the lessees demanding the latter
to vacate the premises. In its reply, it POLL
stated that Buen Realty and Development
Corporation brought the property subject What subjects are yo
to the notice of lis pendens. enrolled in?
ISSUE: I am a Bar Reviewee
Can Buen Realty be bound by the writ of Political/ Constitutional L

execution by virtue of the notice of lis Law & Election Laws)
pendens?
Criminal Law (Special Pe
RULING:
Civil Law (Private Int'l La
No. An obligation is a juridical necessity to
give, to do or not to do (Art. 1156, Civil Mercantile Law
Code).
Remedial Law
The obligation is upon the concurrence of
the essential elements thereof, viz:
Taxation
(a) the vinculum juris or juridical tie which
is the efficient cause established by the
Labor Law
various sources of obligations; (b) the
object which is the prestation or conduct,
Legal Ethics
required to be observed; and (c) the
Other:
subject-persons who, viewed
demandability of the obligation are the
active (oblige) andthe passive (obligor) Vote
subjects.
View Results Crow
Among the sources of an obligation is a

contract (Art. 1157), which is a meeting of
minds between two persons whereby one
binds himself, with respect to the other, to

META
give something or to render some service.
Register
A contract undergoes various stages that
include its negotiation or preparation, its Log in
perfection and, finally, its consummation.

Entries feed
Until the contract is perfected, it cannot,
as an independent source of obligation, Comments feed
serve as a binding juridical relation. In
sales, particularly, to which the case at WordPress.org
bench belongs, the contract is perfected

when a person, called the seller, obligates
himself, for a price certain, to deliver and
to transfer ownership of a thing or right to
another, called the buyer, over which the
latter agrees.
The registration of lis pendens must be

independently addressed in appropriate
proceedings. Therefore, Buen Realty
cannot be held subject to the writ of
execution issued by the respondent Judge,
let alone ousted from the ownership and
possession of the property, without first
being duly afforded its day in court.
 OCTOBER 24, 2017  PINAYJURIST

 CIVIL LAW
 ART. 1156, CIVIL CODE, CONTRACTS, OBLIGATION,
SOURCES OF AN OBLIGATION
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ANG YU ASUNCION VS. CA 238 SCRA 602 G.R. No. 109125 December 2, 1994 Obligations and Contracts, Sources of An Obligation, Lis Pendens, Art. 1156, Civil Code - PINAY JURIST PDF

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ANG YU ASUNCION VS. CA 238 SCRA 602 G.R. No. 109125 December 2, 1994 Obligations and Contracts, Sources of An Obligation, Lis Pendens, Art. 1156, Civil Code - PINAY JURIST PDF

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1/22/2020 ANG YU ASUNCION VS. CA 238 SCRA 602 G.R. No.

— CIVIL LAW —  Search …

ANG YU ASUNCION VS. CA

December 2, 1994 Obligations RESOURCE

and Contracts, Sources of an

Obligation, Lis Pendens, Art. Sign up for Pinay

1156, Civil Code Jurist Newsletter

A complaint for Speciﬁc Performance was policy

ﬁled by Ang Yu Asuncion et al., against

During negotiations, Cu Unjieng oﬀered a Civil Law

price of P6- million while plaintiﬀs made a

defendants’ letter, plaintiﬀs wrote, asking

plaintiﬀs were compelled to ﬁle the

atall. The Cu Unjieng spouses executed a

inquestion to Buen Realty and Taxation

ISSUE: I am a Bar Reviewee

Can Buen Realty be bound by the writ of Political/ Constitutional L

Among the sources of an obligation is a

binds himself, with respect to the other, to

perfection and, ﬁnally, its consummation.

bench belongs, the contract is perfected

The registration of lis pendens must be

 OCTOBER 24, 2017  PINAYJURIST

Your email address will not be published. Required elds are

PREVIOUS POST NEXT POST

BAGUMBAYAN CITYTRUST BANKING

Damages, Quasi- Nominal damages,

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