Petitioner
Emiliano E. Garcia
Respondent
Paz E. Velasco (Alias Paz Velasco)
Citation
G.R. No. 47519
Court
Supreme Court
Division
First Division
Ponente
Moran, J.
Decided
June 10, 1941

Summary

A guardianship case involving recovery of purchase price for a fish pond sold to defendant. The original guardian leased then sold the property belonging to minor wards to defendant for P14,000 lump sum. When substitute guardian sued for recovery in Manila court, defendant challenged jurisdiction and claimed payment with area deficiency discount. The Supreme Court reversed the trial court's dismissal, ruling that venue was proper for this personal action under plaintiff's election, and that under Civil Code Article 1471, lump sum real estate sales cannot be reduced for area deficiencies. The Court found defendant, having been the prior lessee, was presumed to know the actual property conditions and value when purchasing.

Statutes applied

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By the Intellegal Editorial Board · June 10, 1941

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