This case has been cited 2 times or more.
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2012-11-21 |
VELASCO JR., J. |
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| In light of the convergence of the foregoing disposed-of cases, there can be no question as to the ownership of the Sps. Viray and Vda. de Viray (vice Jesus Viray) over the specified and delineated portions of Lot 733 which they purchased for value from Mendoza. And Mendoza, as vendor, was bound to transfer the ownership of and deliver, as well as warrant, the thing which is the object of the sale.[42] | |||||
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2011-07-27 |
BERSAMIN, J. |
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| And, secondly, the CA grossly erred in construing the as-is, where-is clause contained in the deed of sale between CDC (as vendee) and China Bank (as vendor) as proof or manifestation of any bad faith on the part of CDC. On the contrary, the as-is, where-is clause did not affect the title of China Bank because it related only to the physical condition of the property upon its purchase by CDC. The clause only placed on CDC the burden of having the occupants removed from the property. In a sale made on an as-is, where-is basis, the buyer agrees to take possession of the things sold "in the condition where they are found and from the place where they are located," because the phrase as-is, where-is pertains solely "to the physical condition of the thing sold, not to its legal situation" and is "merely descriptive of the state of the thing sold" without altering the seller's responsibility to deliver the property sold to the buyer. [28] | |||||