G.R. Nos. 104819-20 - CHONNEY LIM, VS. COURT OF APPEALS, LEA CASTRO WHELAN AND KEITH LAWRENCE WHELAN. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, in Civil Case No. 496-R, judgment is hereby rendered: 1. Directing the Register of Deeds of Baguio City to cancel, upon payment of the prescribed fees therefor, Transfer Certificate of Title No. T-32741 of his Registry and in lieu thereof issue a new one in the name of Lea Castro Whelan, Filipino, of legal age, married to Keith Lawrence Whelan, an Australian citizen and a resident of 136 Kennon Road, Baguio City; and for this purpose, the Branch Clerk of Court may release to Lea Castro Whelan, upon proper receipt, the owners copy of TCT No. T-32741; 2. Ordering Chonney B. Lim to pay Lea Castro Whelan the following amounts: a. P75,291.70 representing the overpayment made by Lea Castro Whelan; b. P10,000.00 as moral damages; c. P5,000.00 as exemplary damages; d. P15,000.00 as attorneys fees; plus e. the costs of suit. 3. Dismissing the complaint in Civil Case No. 496-R insofar as defendant Bank of the Philippine Islands is concerned; and 4. Dismissing likewise the complaint of Chonney B. Lim against Lea Castro Whelan and Keith Lawrence Whelan docketed as Civil Case No. 423-R. [4] On appeal, the Court of Appeals affirmed the decision of the Regional Trial Court. The motion for reconsideration was likewise denied. Hence, this petition. Petitioner makes the following assignment of errors: A. RESPONDENT COURT OF APPEALS ERRED GRAVELY, ON A VERY BASIC AND IMPORTANT QUESTION OF LAW, WHEN IT CREDITED AS PAYMENT ON THE PURCHASE PRICE UNDER THE DEED OF ABSOLUTE SALE RESPONDENT LEA WHELANS BELATED AND BAD FAITH PAYMENT OF PETITIONER CHONNEY LIMS LOAN WITH THE BANK OF THE PHILIPPINE ISLANDS (BPI), AND OF THE CAPITAL GAINS TAX, WITHOUT HIS KNOWLEDGE AND CONSENT AND AGAINST HIS WILL, THEREBY MISUNDERSTANDING AND MISAPPLYING ARTICLE 1236 OF THE CIVIL CODE. B. RESPONDENT COURT OF APPEALS ERRED GRAVELY, ON A VERY BASIC AND IMPORTANT QUESTION OF LAW, IN NOT HOLDING THAT THE DISHONOR OF RESPONDENT LEA WHELANS TRB DEMAND DRAFT FOR P141,000.00 AND PCIB CHECK FOR P17,000.00 DID NOT HAVE THE EFFECT OF PAYMENT ON THE PURCHASE PRICE UNDER THE DEED OF ABSOLUTE SALE, THEREBY VIOLATING ARTICLE 1249 OF THE CIVIL CODE. C. RESPONDENT COURT OF APPEALS ERRED GRAVELY, ON A VERY BASIC AND IMPORTANT QUESTION OF LAW, IN CONCLUDING THAT THERE WAS PAYMENT BY RESPONDENT LEA WHELAN OF THE SUM OF $8,000.00 IN CASH, EVEN IN THE ABSENCE OF A RECEIPT THEREFOR AS REQUIRED BY THE DEED OF ABSOLUTE SALE WHICH PROVIDES THAT PETITIONER CHONNEY LIM SHALL ISSUE HER A RECEIPT OF THE CONSIDERATION OF THE SALE OF THE ABOVE DESCRIBED PROPERTY, THEREBY VIOLATING THE LEGAL PRINCIPLE THAT THE CONTRACT IS THE LAW BETWEEN THE PARTIES. D. RESPONDENT COURT OF APPEALS ERRED GRAVELY, ON A VERY BASIC AND IMPORTANT QUESTION OF LAW, IN MISUNDERSTANDING AND MISAPPLYING THE PRINCIPLE THAT THE FINDINGS OF TRIAL COURTS ARE ACCORDED GREAT WEIGHT IN VIEW OF THEIR OPPORTUNITY TO OBSERVE THE CONDUCT AND DEMEANOR OF WITNESSES, AND IN ITS GROSS MISAPPREHENSION OF THE RECORD, CONSIDERING THAT IN THE CASE A