Christ the King College

9014, Gingoog City

College Department

COMPREHENSIVE AND
COMPARATIVE ANALYSIS

Submitted by:

Bitangcor, Leizelle Dawn Z.

Gialen, Dhaniela Syrhel C.

Hurtado, Arah Grace M.

Libago, Francane Vince D.

Sacupayo, Shiara Mae M.

Tabac, Jamaica C.

Uyan, Ada Mil Marie A.

Submitted to:

Atty. Crisjesa Lao-Florez Gomez

 The following cases apply the provision article 1484 (Recto Law), which governs the
resolution of the issue presented. This provision may exercise any of the following remedies; the
exact fulfillment of the unpaid balance, cancellation of the sale if the buyer fails to pay two or
more installments, and the foreclosure of the chattel mortgage if one has been constituted.

In the case of Spouses De la Cruz and Fajardo v. ASIAN and the Honorable Court of
Appeals, (G.R. No. 94828. Sep. 18, 1992) purchased on an installment basis one unit Hino truck
from Benter Motor Sales Corporation. Petitioners defaulted on more than two installments.
BENTER assigned its rights and interest over the vehicle in favor of private respondent Asian
Consumer and Industrial Finance Corporation. The petitioners failed to settle their obligation. By
virtue of a petition for extrajudicial foreclosure of a chattel mortgage, the sheriff attempted to
repossess the vehicle but was unsuccessful because of the refusal of the son of the petitioner,
Rolando de la Cruz. Spouses De la Cruz brought the vehicle to the office of ASIAN and left it
there where it was inventoried and inspected. ASIAN filed an ordinary action with the court for
collection of the balance of the purchase price plus liquidated damages and attorney’s fees.