Documentos de Académico
Documentos de Profesional
Documentos de Cultura
CA and FELICIDAD
S. VDA. DE ABROGAR
ISSUE/HELD:
Felicidad with the consent of her late husband, and A.C.
Aguila & Sons, Co., represented by Aguila, entered into
a Memorandum of Agreement, which provided that
Felicidad has the right to repurchase the lot from Aguila
within 90 days. If Felicidad fails to repurchase the lot
within the said period, Felicidad is obliged to deliver the
property to Aguila within 15 days and the MOA is
deemed cancelled with the Deed of absolute sale (N.B.:
buyer in the contract is A.C.Aguila & Sons Co. not
Aguilar Jr., himself) taking its place which was executed
on the same day. Felicidad also executed an SPA
authorizing Aguila to cause the cancellation of the earlier
TCT and issuance of new certificate in the name of A.C.
Aguila & Sons, Co., in the event Felicidad failed to
redeem the subject property as provided in the MOA.
Felicidad failed to redeem the property within the 90-day
period. Hence, pursuant to the SPA mentioned above,
Aguila Jr., caused the cancellation of TCT No. 195101
and the issuance of a new certificate of title in the name
of A.C. Aguila and Sons, Co.
Felicidad then received a letter from the counsel for A.C.
Aguila & Sons, Co., demanding she vacate the premises
within 15 days after receipt of the letter and surrender its
possession peacefully to A.C. Aguila & Sons,
Co. Otherwise, the latter would bring the appropriate
action in court, but Felicidad refused to vacate so A.C.
Aguila & Sons Co. filed an ejectment suit.
The MTC, RTC, CA, and SC- all ruled in favor of A.C.
Aguila & Sons
Felicidad filed a petition for declaration of nullity of a
deed of sale with the RTC on December 4, 1993. She
alleged the signature of her husband on the deed of sale
was a forgery because he was already dead when the
deed was supposed to have been executed on June 11,
1991.