Nilo R. Jumalon v. Court… · G.R. 127767

Petitioner: Nilo R. Jumalon
Respondent: Court of Appeals
Citation: G.R. No. 127767
Court: Supreme Court
Division: First Division
Ponente: Pardo, J.
Decided: January 30, 2002

Summary

This case involved the rescission of a house and lot sale due to fraudulent misrepresentation. Nilo Jumalon sold property to Ma. Asuncion De Leon in Doña Amada Subdivision, Pasig, misrepresenting it as safe and free from encumbrances. De Leon later discovered the property was built under MERALCO's high-tension electrical wires carrying 115,000 volts, making it hazardous and prohibiting construction within the 30-meter right-of-way. Jumalon also lacked proper HLURB registration and development permits. The HLURB, Executive Secretary, Court of Appeals, and Supreme Court all found fraud and granted rescission, ordering refund of payments and administrative fines. The Supreme Court affirmed that the property was not safely habitable and the action was timely filed. This case establishes important precedent on real estate fraud involving safety hazards and regulatory compliance in subdivision development.

Statutes applied

Civil Code, Art. 1391

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Manuel O. Fuentes v. Conrado G. Roca G.R. No. 178902
Purita Salvatierra v. The Honorable Court of Appeals G.R. No. 107797
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Fil-Estate Golf v. Felicidad Navarro G.R. No. 152575
Maria Cabotaje v. Spouses Sotero Pudunan G.R. No. 134712
National Development Co. v. Hon. Court of Appeals G.R. No. 98467
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By the Intellegal Editorial Board · January 30, 2002

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