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RICARDO CHENG v. RAMON B. GENATO

This case has been cited 6 times or more.

	GR No. 170073 2010-10-18	SPS. RAMY AND ZENAIDA PUDADERA v. IRENEO MAGALLANES DEL CASTILLO, J.
Thus, in case of a double sale of immovables, ownership shall belong to "(1) the first registrant in good faith; (2) then, the first possessor in good faith; and (3) finally, the buyer who in good faith presents the oldest title."[30] However, mere registration is not enough to confer ownership. The law requires that the second buyer must have acquired and registered the immovable property in good faith. In order for the second buyer to displace the first buyer, the following must be shown: "(1) the second buyer must show that he acted in good faith (i.e., in ignorance of the first sale and of the first buyer's rights) from the time of acquisition until title is transferred to him by registration or failing registration, by delivery of possession; and (2) the second buyer must show continuing good faith and innocence or lack of knowledge of the first sale until his contract ripens into full ownership through prior registration as provided by law."[31]
	GR No. 161318 2009-11-25	JULIE NABUS v. JOAQUIN PACSON PERALTA, J.
Unfortunately for the Spouses Pacson, since the Deed of Conditional Sale executed in their favor was merely a contract to sell, the obligation of the seller to sell becomes demandable only upon the happening of the suspensive condition.[43] The full payment of the purchase price is the positive suspensive condition, the failure of which is not a breach of contract, but simply an event that prevented the obligation of the vendor to convey title from acquiring binding force.[44] Thus, for its non-fulfilment, there is no contract to speak of, the obligor having failed to perform the suspensive condition which enforces a juridical relation.[45] With this circumstance, there can be no rescission or fulfilment of an obligation that is still non-existent, the suspensive condition not having occurred as yet.[46] Emphasis should be made that the breach contemplated in Article 1191 of the New Civil Code is the obligor's failure to comply with an obligation already extant, not a failure of a condition to render binding that obligation.[47]
	GR No. 172733 2008-08-20	SPS. CORNELIO JOEL I. ORDEN AND MARIA NYMPHA V. ORDEN v. SPS. ARTURO AUREA AND MELODIA C. AUREA CHICO-NAZARIO, J.
In the exercise of the seller's right to automatically cancel the contract to sell, at least a written notice must be sent to the defaulter informing him of the same.[47] The act of petitioners Orden in notifying respondents Cobile of their intention to sell the properties to other interested persons if respondents failed to pay the balance of the purchase price was sufficient notice for the cancellation or resolution of the their contract to sell. Since respondents Cobile failed to fulfill their obligation even after said notice, petitioners were justified in canceling their contract (to sell) and selling to a buyer who was willing to pay the full purchase price. Hence, we sustain petitioners Orden's action.
	GR NO. 145264 2005-08-30	NAPOLEON PORTES v. SEGUNDA ARCALA CARPIO, J.
While the sale between Luis and Napoleon bound both parties, the registration of the sale with the property registry is what binds third parties and the world to the transfer of ownership.[15] Moreover, registration alone without good faith is not sufficient.[16] Good faith must concur with registration for such prior right to be enforceable.[17]
	GR No. 156580 2004-06-14	LUZ DU v. STRONGHOLD INSURANCE CO. PANGANIBAN, J.
Thus, the annotation of respondent's notice of attachment was a registration in good faith, the kind that made its prior right enforceable.[21]
	GR No. 144934 2004-01-15	ADELFA S. RIVERA v. DEL ROSARIO QUISUMBING, J.
A careful reading of the Kasunduan reveals that it is in the nature of a contract to sell, as distinguished from a contract of sale. In a contract of sale, the title to the property passes to the vendee upon the delivery of the thing sold; while in a contract to sell, ownership is, by agreement, reserved in the vendor and is not to pass to the vendee until full payment of the purchase price.[48] In a contract to sell, the payment of the purchase price is a positive suspensive condition,[49] the failure of which is not a breach, casual or serious, but a situation that prevents the obligation of the vendor to convey title from acquiring an obligatory force.[50]