Resuena v.

Court of
Appeals
Reporter
Grace Roque

G.R. No. 128338, Topic

March 28, 2005

Forms of Contracts

WK 10-11
FACTS
Juanito Borromeo, Sr. is the co-owner and overseer of certain parcels of land
located in Pooc, Talisay, Cebu, designated as Lots Nos. 2587 and 2592 of the
01 Talisay-Manglanilla Estate. He owned 6/8 of Lot No. 2587 while Sps. Bascon
owned 2/8 thereof. He owned Lot No. 2592 is owned in common by
respondent and the heirs of one Nicolas Maneja.

02 The proportion of their undivided shares was not determined a quo.

The Resuenas resided in the upper portion of Lot No. 2587, allegedly under
03
the acquiescence of the Spouses Bascon and their heir, Andres Bascon.
FACTS
Eutiquia Rosario occupied a portion of Lot No. 2592, allegedly with the
permission of the heirs of Nicolas Maneja, one of the original co-owners of Lot
No. 2587. Respondent claims that all petitioners have occupied portions of
04
the subject property by virtue of his own liberality.

Respondent developed portions of Lots Nos. 2587 and 2592 occupied by him
into a resort known as the Borromeo Beach Resort. In his desire to expand
05
and extend the facilities of the resort that he established on the subject
properties, respondent demanded that petitioners vacate the property.
Petitioners, however, refused to vacate their homes.

06 Borromeo filed a Complaint for ejectment.

ISSUE
Borromeo has a right to eject petitioners
from Lot 2587 [and 2592].
RULING
Petition is DENIED and the Decision of the Court of
Appeals AFFIRMED. Costs against petitioners.

Art. 487. Any one of the co-owners may

bring an action in ejectment. (n)
RULING
Art 1356. Contracts shall be obligatory, in whatever form
they may have been entered into, provided all the
essential requisites for their validity are present.
However, when the law requires that a contract be in
some form in order that it may be valid or enforceable, or
that a contract be proved in a certain way, that
requirement is absolute and indispensable. In such
cases, the right of the parties stated in the following
article cannot be exercised. (1278a)
RULING

The form of a contract is essential:

When the law requires that a contract be in certain
form for its validity; (refers to solemn or formal
contracts).
RULING

"as petitioners claim, there was a verbal contract between

Basilisa Maneja and Borromeo when the latter indicated
the portions they each were to occupy in Lot No. 2587."
RULING

Art. 749. In order that the donation of an

immovable may be valid, it must be made in a
public document, specifying therein the
property donated and the value of the charges
which the donee must satisfy.
RULING
(Article 1403, paragraph 2) requires that certain contracts be
in writing, and that they be signed by all parties to be bound
by the contract. Although there can be significant variation
between jurisdictions, the most common types of contracts to
which a statute of fraud applies is:

Contracts in consideration of marriage.

Contracts which cannot be performed within one year.
Contracts for the sale of an interest in land.
Contracts by the executor of a will to pay a debt of the
estate with his own money.
Contracts for the sale of goods above a certain value.
Contracts in which one party becomes a surety (acts as
guarantor) for another party’s debt or other obligation.
RULING
Petition is DENIED and the Decision of the Court of
Appeals AFFIRMED. Costs against petitioners.

Art. 487. Any one of the co-owners may

bring an action in ejectment. (n)