- Petitioner
- El Banco Nacional Filipino
- Respondent
- Sergio M. Silo
- Citation
- G.R. No. 47920
- Court
- Supreme Court
- Division
- Second Division
- Decided
- April 30, 1941
Summary
El Banco Nacional Filipino sued to recover possession of four parcels of land from Sergio Silo after cancelling their conditional sale agreement due to non-payment. The bank had acquired ten parcels through foreclosure and promised to sell them to Silo for P4,000 in installments. The contract included Silo's waiver of warranty against eviction and acceptance of properties subject to existing encumbrances. When Silo failed to make payments, the bank cancelled the contract and demanded return of four parcels in his possession. The lower court ruled for Silo, accepting his defense that the bank failed to deliver six other parcels. The Supreme Court reversed, holding that Silo's waiver of warranty and acceptance of encumbrances with full knowledge barred his defense. The Court ruled that delivery occurred through the public document itself under Civil Code Article 1962, and Silo's conduct showed he didn't require physical delivery. The decision establishes important precedent on conditional sales, warranty waivers, and constructive delivery of real property.