G.R. No. 215132 - SPOUSES ISIDRO DULAY III* AND ELENA DULAY, VS. PEOPLE OF THE PHILIPPINES.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, the following facts were established. Sometime in January 1999, Marilou, the daughter-in-law of the spouses Dulos met petitioner Elena who proposed to sell the subject property to either Marilou or her in laws. [9] During a meeting at the Dulos' house in San Nicolas, Agoo, La Union, petitioners presented a photocopy of Transfer Certificate of Title (TCT) No. T-2135 registered in the names of Isidro and Virginia Dulay covering the subject property. When complainants inquired, why a different name was indicated in the title, i.e. , Virginia Dulay instead of Elena, the latter explained that she and Virginia are one and the same person. Consequently, the spouses Dulos confirmed their interest to purchase the subject property, subject to inspection prior to finalizing the sale. [10] Subsequently, the parties agreed on the terms of sale: purchase price of P950,000.00; a down payment of P150,000.00 and the balance to be paid on a monthly installment of P30,000.00 within a two-year period. The parties further agreed that the spouses Dulay will hand over title to the subject property once the spouses Dulos' monthly payments have reached half the amount of the purchase price, i.e. , P450,000.00. [11] The spouses Dulay issued a receipt to the spouses Dulos which reads: February 19, 1999 Received the amount of One-hundred fifty thousand pesos only (P150,000.00) from Mr. Isabelo L. Dulos and Mrs. Hilaria C. Dulos residing at San Nicolas Central, Agoo, La Union as partial payment for the lot located at Brgy. Andres de Bonifacio along Subd. Road 150 mts. From Avelino St., Baguio City with a total land area of Four hundred fifty square meters (450 sq. m.) more or less. Owned by Mr. Isidro D. Dulay and Mrs. Elena P. Dulay residing at #23 M. Dulay St., Poblacion Aringay, La Union, with a monthly payment of Thirty thousand pesos only (P30,000.00) for two (2) years starting May 1999. [12] When the spouses Dulos' monthly payments reached the total amount of P707,000.00 without receiving the promised title or a copy thereof from petitioners, they made further inquiries on the subject property and learned that: (1) the registered owners indicated in TCT No. T-2135, i.e. , Isidro and Virginia Dulay, are different persons from petitioners; (2) the Isidro Dulay named in TCT No. T-2135 is petitioner Isidro's uncle and namesake; and (3) the long deceased spouses Isidro and Virginia Dulay has a daughter, Carmencita. Forthwith, the spouses Dulos stopped paying the monthly installments. [13] In refutation, petitioners avowed varying defenses regarding their alleged ownership over the subject property. On the title thereto, petitioners vacillated in their assertions: (1) the title remained under reconstitution and has yet to be transferred in their names which thus precluded them from handing over title to the complainants, and (2) petitioner Isidro Dulay is the lawful owner of the subject property as he is the adopted son of Maria Dulay (Maria), the predecessor-in