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G.R. No. 144225.

June 17, 2003

SPOUSES GODOFREDO ALFREDO and CARMEN LIMON ALFREDO, SPOUSES


ARNULFO SAVELLANO and EDITHA B. SAVELLANO, DANTON D.
MATAWARAN, SPOUSES DELFIN F. ESPIRITU, JR. and ESTELA S. ESPIRITU
and ELIZABETH
TUAZON, petitioners, vs. SPOUSES ARMANDO BORRAS and ADELIA LOBATON
BORRAS, Respondents.

CARPIO, J.  :

Doctrine:

There was a perfected contract of sale between the spouses Godofredo and Carmen
and the spouses Armando and Adelia and with that, from the finality of the decision, the
defendant-spouses Godofredo Alfredo and Carmen Limon Alfredo are ordered to
execute and deliver a good and valid Deed of Absolute Sale of the disputed parcel of land
(covered by OCT No. 284) in favor of the spouses Adelia Lobaton Borras and
 Armando F. Borras within a period of ten (10) days.

Facts:

The subject matter of the controversy is a parcel of land measuring 81,524 square
meters in Bataan owned by the spouses Godofredo and Carmen Alfredo. They sold the
land for 15,000 to spouses Armando and Adelia Borras which the 7000 is for the
mortgage debt from DBP and the remaining will be given to the spouses Alfredo.
Godofredo and Carmen introduced Armando and Adelia as the new owners of the
Subject land to the Natanawans and they delivered the duplicate copy of OCT No. 248
with the document of cancellation of mortgage, official receipts of realty tax payments
and tax declaration in the name of Godofredo. Armando and Adelia took the possession
of the subject land but then they discovered that Godfredo and Carmen had re-sold
portions of it to the several persons. So, they filed a complaint for the acts of Godofredo
and Carmen.

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