Petitioner
Lina Calilap-Asmeron
Respondent
Development Bank of the Philippines
Citation
G.R. No. 157330
Court
Supreme Court
Division
First Division
Ponente
Bersamin, J.
Decided
November 23, 2011

Summary

This case involves a dispute over DBP's rescission of a deed of conditional sale for foreclosed property. After foreclosure, petitioner Calilap-Asmeron entered into a conditional sale agreement to repurchase two properties for P157,000. She claimed she intended to buy only one property and was misled, but her written communications clearly showed intent to purchase both. After defaulting on payments, DBP rescinded the contract and sold to third parties. All three court levels found the rescission valid, rejecting petitioner's claims of being misled due to insufficient evidence. The Supreme Court emphasized this raised factual rather than legal questions, affirming the lower courts' findings that the contract terms were clear and the rescission proper under Civil Code provisions.

Statutes applied

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By the Intellegal Editorial Board · November 23, 2011

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