JESUS GABOYA

V.
ANTONIO MA. CUI,
MERCEDES CUI-RAMAS
AND GIL RAMAS, ET AL.
GR NO. L-19614
27 MARCH 1971
 ISSUE
Whether or not the usufruct reserved by the vendor in the deed of sale, over the
lots in question that were at the time vacant and unoccupied, gave the
usufructuary the right to receive the rentals of the commercial building
constructed by the vendees with funds borrowed from the Rehabilitation and
Finance Corporation, the loan being secured by a mortgage over the lots sold.

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 SUB-ISSUES:
Whether or not the failure of the vendees to pay over its
rentals to the usufructuary entitled the latter to rescind,
or more properly, resolve the contract of sale.

Whether the action for rescission due to breach of the

contract could still be enforced and was not yet barred.

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RULES 1
1 2
2 33

OF
LAW
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4 1
1 2
2

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ANALYSIS OF FACTS

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