This case has been cited 1 times or more.
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2009-02-13 |
LEONARDO-DE CASTRO, J. |
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| We simply cannot uphold petitioner's contention that the deed of sale she executed in favor of respondents should be declared null and void on the basis of the previous deed of sale with right of repurchase petitioner executed in favor the spouses Zuasola and Subida. Ostensibly, when petitioner sold the subject property to herein respondents, she no longer had any right to do so for having previously sold the same property to other vendees. However, it is elementary that he who comes to court must do so with clean hands.[12] Being the vendor in both sales, petitioner knew perfectly well that when she offered the subject property for sale to respondents she had already previously sold it to the spouses Zuasola and Subida. It is undeniable then that petitioner fraudulently obtained the consent of respondents in the execution of the assailed deed of sale. She even admits her conviction of the crime of estafa for the deception she perpetrated on respondents by virtue of the double sale. | |||||