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    1) Romulo Coronel executed a receipt of down payment in favor of Ramona Alcaraz for 50,000 pesos as down payment for the purchase of a house. 2) The conditions of the sale were that Coronel would transfer the title to their name upon receipt of down payment and then execute the deed of sale upon full payment. 3) However, Coronel later canceled the contract and sold the property to another buyer after receiving a better offer. Ramona filed suit. 4) The Court of Appeals held that the receipt of down payment constituted a binding conditional contract between the parties based on principles of succession in the Civil Code, and Coronel could not later claim lack of capacity

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    1) Romulo Coronel executed a receipt of down payment in favor of Ramona Alcaraz for 50,000 pesos as down payment for the purchase of a house. 2) The conditions of the sale were that Coronel would transfer the title to their name upon receipt of down payment and then execute the deed of sale upon full payment. 3) However, Coronel later canceled the contract and sold the property to another buyer after receiving a better offer. Ramona filed suit. 4) The Court of Appeals held that the receipt of down payment constituted a binding conditional contract between the parties based on principles of succession in the Civil Code, and Coronel could not later claim lack of capacity

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    9 views1 page

    Untitled

    Uploaded by

    Dhats D. Mangudadatu
    1) Romulo Coronel executed a receipt of down payment in favor of Ramona Alcaraz for 50,000 pesos as down payment for the purchase of a house. 2) The conditions of the sale were that Coronel would transfer the title to their name upon receipt of down payment and then execute the deed of sale upon full payment. 3) However, Coronel later canceled the contract and sold the property to another buyer after receiving a better offer. Ramona filed suit. 4) The Court of Appeals held that the receipt of down payment constituted a binding conditional contract between the parties based on principles of succession in the Civil Code, and Coronel could not later claim lack of capacity

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    Romulo Coronel VS Court of Appeals

    FACTS:

    Coronel executed a document entitled as a “receipt of down payment” in favor of Ramona Alcaraz for
    the sum of 50 thousand pesos for a purchase of their inherited house and its TCT. With the following
    conditions for the sale:

    1. Ramona will make a down payment of Fifty Thousand (P50,000.00) pesos upon execution of the
    document aforestated;

    2.  The Coronels will cause the transfer in their names of the title of the property registered in the name
    of their deceased father upon receipt of the Fifty Thousand (P50,000.00) Pesos down payment.

    3. Upon the transfer in their names of the subject property, the Coronels will execute the deed of
    absolute sale in favor of Ramona and the latter will pay the former the whole balance of One Million
    One Hundred Ninety Thousand (P1,190,000.00) Pesos.

    However, Coronel canceled and rescinded the contract and returned the money in the bank in trust
    under her name, after the Coronels sold the property to another buyer with a better offer. Aggrieved by
    this decision Coronel, Ramona filed for suit against them.

    Issue:

    Whether or not the receipt of down payment, which was offered in evidence by both parties, constitutes
    a legal significance and embodied the binding contract between Ramona and Coronel as a conditional
    obligation.

    Held:

    No.

    Article 1187 states that the effects of conditional obligation to give, once the condition has been
    fulfilled, shall retroact to the day of the constitution of the obligation…In obligation to do or not to do,
    the courts shall determine, in each case, the retroactive effect of the condition that has been complied
    with. In this case, Article 774 of the Civil Code gives light and answer to the case, as the article states:

    Art. 774. Succession is a mode of acquisition by virtue of which the property, rights and obligations to
    be extent and value of the inheritance of a person are transmitted through his death to another or
    others by his will or by operation of law.

    In other words, the Coronel’s are precluded from raising their supposed lack of capacity to enter into an
    agreement at that time and they cannot be allowed to now take a posture contrary to that which they
    took when they entered into the agreement with Ramona.

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