G.R. No. 199431 - STA. FE REALTY, INC. AND VICTORIA SANDEJAS FABREGAS, VS. JESUS M. SISON.DECISION - Supreme Court E-Library

Ruling

Accordingly, when Sison learned about the subsequent sale of the subject property that he bought, he tried to settle the matter amicably but the parties did not reach an agreement. Hence, he instituted an action for reconveyance of property against the defendants. [12] For their part, the petitioners denied that they agreed to sell the 15,598 sq m of TCT No. 61132 to Sison. They claimed that Sison was aware of the subdivision caused by SFRI and that Lot 1-B-3-C which is one of the several lots from the subdivision is not the same with Lot 1-B-1 which Sison is claiming. [13] They averred that Sison persuaded Fabregas to sell to him a portion of Lot 1-B in exchange of P700,000.00 and Sison will be the one to shoulder the expenses for the capital gains tax. They contended that they merely accommodated Sison's request to sign another set of deeds of sale over the subject property with a reduced price of P10,918.00 so that the capital gains tax would be reduced. [14] They also asserted that Sison did not pay the consideration agreed upon for the sale of the subject property; thus, Fabregas rescinded the sale by sending a notice to Sison who did not contest the rescission of the sale. [15] For his part, Orosa claimed that he is a buyer in good faith as there is nothing annotated in TCT No. T-255466 which would warn or alert him of any lien or encumbrance or adverse claim on the property except for the right of first refusal granted to MRI. He claimed that the lot he bought from SFRI was different from that which Sison was claiming. [16] On August 8, 2006, the RTC rendered its Decision [17] in favor of Sison, thus: WHEREFORE, judgment is hereby rendered in favor of [Sison], as follows: Declaring [Sison] the absolute owner of the lot described hereunder, free from all liens and encumbrances, to wit: x x x x Ordering [Orosa] to reconvey the above-described lot to [Sison]; Ordering the Register of Deeds of Laguna, Calamba Branch to perform the following: (a) to cancel TCT No. T-297261 issued in the name of [Orosa] and all titles subsequent thereto, and (b) to cause the issuance of the corresponding [TCT] in the name of [Sison] covering the above-described property upon his submission of a duly approved subdivision plan and technical description, free from Entry No. 357529 annotated on TCT No. 297261 and all other liens and encumbrances; Ordering [the petitioners] to pay [Sison], jointly and severally, the following amounts: a. P10,946.91 as actual damages; b. P200,000.00 as moral damages; c. P50,000.00 as exemplary damages; d. P200,000.00 as attorney's fees; and e. costs of suit. SO ORDERED.