GONZALES vs. ROJAS - G.R. No. 5449 March 22, 1910, 16 Phil.

51

FACTS:

The subject land of fishery belonged to the sisters Juliana Samonte and Atanasia
Samonte, during their lifetime, who are said to have inherited it from their grandfather,
Jose Samonte. These sisters leased the property to Mamerto Siaoson under a contract
for 12 years. The first sale was made by the Juliana Samonte to Alejandro Rojas, on
February 2, 1900. Juliana Samonte died on March 10 of the same year. From March 21,
1895, to the same date of 1907, Mamerto Siaoson was entitled to the possession and
lease of the fishery. For this reason, Juliana Samonte, on February 24, 1900, said that
the lease still had six years to run. Juliana Samonte and Alejandro Rojas expressly
stipulated, in the document of contract, Exhibit No. 1, that as soon as the said six years
of the lease should have expired "and this land is returned to us — Juliana’s words-
immediately and without delay we will deliver the same to this married couple.  On
November 14, 1907, the delivery of this land had not yet been made to Alejandro Rojas;
hence, by means of a notarial proceeding, the latter demanded of two sons of Juliana
Samonte, Brigido and Matias Villanueva, the said delivery.

ISSUE:

Whether or not the sale made by Juliana Samonte to Alejandro Rojas in 1900
remained in a state of dependency on the completion of the contract and was not
consummated.

RULING:

            Yes. Article 1462 of the Civil Code provides that, a thing sold shall be
considered as delivered when it is placed in the hands of the vendee. When the sale is
made by means of a public instrument, the execution thereof shall be equivalent to the
delivery of the thing which is the object of the contract, if in said instrument the contrary
does not appear or may be clearly inferred. No actual delivery was made of the
possession of the reality in question. There was no public instrument, the execution of
which could have constituted a form of delivery of the thing sold. On the contrary, from
the instrument executed, which is only a private one, it clearly appears that the delivery
of the fishery was postponed to a fixed date.

            Juliana Samonte’s heirs, having no knowledge of this obligation and making the
fishery materially a part of the inheritance left by their mother, conveyed the property
that had been held by her and which had been transferred to her successors in
interests, without any complaint from a third party. It must be concluded that the sales
effected by the heirs of Juliana Samonte to the petitioners were true, valid, and
efficacious.