Cornelio Cruz v. Pablo Reyes · G.R. 35859

Petitioner: Cornelio Cruz
Respondent: Pablo Reyes
Citation: G.R. No. 35859
Court: Supreme Court En Banc
Division: En Banc
Ponente: Ostrand, J.
Decided: November 16, 1932

Summary

This case involved rescission of a land sale contract where defendant Pablo Reyes sold 20 hectares to plaintiff Cornelio Cruz for P10,000 but failed to deliver possession. Reyes had only possessory title and his homestead application was disapproved by the Bureau of Lands because the property was public land occupied by other homesteaders. When Cruz attempted to take possession, he encountered violent opposition from existing occupants. The Supreme Court found Reyes acted in bad faith by selling land he knew he could not deliver, rejecting his claim that the transaction was a donation. The Court ordered full restitution of P10,000 with interest, establishing that sellers must have capacity to deliver what they promise to sell under the Civil Code.

Statutes applied

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Other Philippine cases on the same provisions and issues.

C.N. Hodges v. Alberto Granada G.R. No. 39496
Juan Verceluz v. Deogracias Edaño G.R. No. 21284
The Bachrach Motor Co. v. Pablo A. Millan G.R. No. 42256
Maximiliano Sancho v. Severiano Lizarraga G.R. No. 33580
Manuel Rios v. Jacinto G.R. No. 23893
P. J. Salas Rodriguez v. Mariano P. Leuterio G.R. No. 23550
Yap Unki v. Chua Jamco G.R. No. 5202
Manuel v. Carmen de Pascual G.R. No. 4679

By Intellegal Editorial Board · November 16, 1932

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