Rosalina R. Llave v. Ramon F. Llave

Summary

This Supreme Court case involved a real estate transaction dispute between spouses Llave and buyer Juliet Tasi. Petitioner Rosalina Llave consistently argued the contract of sale was void throughout lower court proceedings but changed theory on appeal, claiming it was a contract to sell. The Supreme Court denied the petition, ruling that parties cannot change legal theories for the first time on appeal as it violates due process and fair play. The Court sustained the Court of Appeals' finding that a valid contract of sale existed, with all essential requisites under Article 1318 of the Civil Code present: consent, determinate object (137 sq.m. property), and certain consideration (P3,000,000.00 actual price). The Court ordered reformation of the deed to reflect the true consideration and payment of balance with legal interest, rejecting petitioner's claims of cancellation and statute of frauds defense.