Petitioner
Spouses Abelardo Borbe
Respondent
Violeta Calalo
Citation
G.R. No. 152572
Court
Supreme Court
Division
First Division
Ponente
Sandoval-Gutierrez, J.
Decided
October 5, 2007

Summary

Spouses Borbe sued Violeta Calalo for specific performance to compel execution of a deed of sale based on a 1981 'Kasunduan' for a 400 sq. meter lot. Under the agreement, the balance of P500 would be paid when a new title was issued in respondent's name. TCT was issued in 1982, but petitioners only attempted to complete the sale in 1995 when respondent refused. The Regional Trial Court ruled for petitioners, but the Court of Appeals reversed, finding the action prescribed under Article 1144 of the Civil Code. The Supreme Court affirmed, holding that the 10-year prescriptive period began running in 1982 when the TCT was issued, making the 1995 complaint filed 13 years too late. The case establishes that constructive notice through title registration starts the prescriptive period for contract enforcement actions.

Statutes applied

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By the Intellegal Editorial Board · October 5, 2007

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