This case has been cited 3 times or more.
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2015-04-20 |
PERLAS-BERNABE, J. |
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| Before the Court is an ordinary appeal[1] filed by accused-appellant Eugene Samuya (Eugene) assailing the Decision[2] dated December 13, 2013 of the Court of Appeals (CA) in CA-G.R. CR-HC. No. 01345, which affirmed with modification the Judgment[3] dated May 5, 2011 of the Regional Trial Court of Kalibo, Aldan, Branch 8 (RTC) in Crim. Case No. 8064 finding him guilty beyond reasonable doubt of the crime of Murder. | |||||
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2013-07-24 |
DEL CASTILLO, J. |
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| Clearly, the RTC arrived at the above-quoted conclusion based on its mistaken premise that rescission is applicable to the case. Hence, its determination of whether there was substantial breach. As may be recalled, however, the CA, in its assailed Decision, found the contract between the parties as a contract to sell, specifically of a real property on installment basis, and as such categorically declared rescission to be not the proper remedy. This is considering that in a contract to sell, payment of the price is a positive suspensive condition, failure of which is not a breach of contract warranting rescission under Article 1191[29] of the Civil Code but rather just an event that prevents the supposed seller from being bound to convey title to the supposed buyer.[30] Also, and as correctly ruled by the CA, Article 1191 cannot be applied to sales of real property on installment since they are governed by the Maceda Law.[31] | |||||