Petitioner
A. A. Addison
Respondent
Marciana Felix
Citation
G.R. No. 12342
Court
Supreme Court En Banc
Division
En Banc
Ponente
Fisher, J.
Decided
August 3, 1918

Summary

This 1918 Supreme Court case involved a land sale contract where vendor Addison failed to deliver possession of four parcels sold to Felix. While Felix paid P3,000 initially, Addison could only designate two parcels, with over two-thirds occupied by third parties claiming ownership. The Supreme Court affirmed the contract's rescission, clarifying that symbolic delivery through public instruments is insufficient when the vendor lacks actual control over the property. The Court distinguished between conventional rescission (which required title issuance as a condition) and legal rescission for breach of delivery obligations under Civil Code Articles 1462, 1506, and 1124. The decision establishes that vendors must provide actual possessory control, not merely legal ownership rights, emphasizing that 'delivery' requires both abandonment by the vendor and actual apprehension by the purchaser.

Statutes applied

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By Intellegal Editorial Board · August 3, 1918

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