GR 34697; (March, 1932) (Digest)
G.R. No. 34697 ; March 26, 1932
JESUS TERAN, plaintiff-appellee, vs. FRANCISCA VILLANUEVA, VIUDA DE RIOSA, ET AL., defendants-appellants.
FACTS
The parties executed a deed of sale wherein the defendants sold to the plaintiff a parcel of land described as containing an area of 34 hectares, 52 ares, and 43 centares for a lump sum of P4,000. The plaintiff later discovered the land only contained about ten hectares. He filed an action for rescission of the contract and damages, alleging that the agent of the defendants did not point out the real boundaries. The trial court found no bad faith on the part of the defendants, noting the plaintiff had inspected the land, was given the tax declaration showing the stated area, and agreed to the purchase without further investigation.
ISSUE
Whether the contract of sale may be rescinded on the ground that the actual area of the land delivered is less than that stated in the deed of sale.
RULING
No. The Supreme Court reversed the trial court’s judgment and upheld the validity of the contract. The sale was for a lump sum (al tanto), not at a price per unit of measure. Under Article 1471 of the Civil Code, in a sale of a cuerpo cierto (determined piece of land) for a lump sum, the rule is that there shall be no increase or decrease in price even if the area is more or less than stated, provided all the land within the stipulated boundaries is delivered. Here, the plaintiff failed to prove that any portion within the boundaries was not delivered. The plaintiff had ample opportunity to investigate the land’s area and conditions, and the defendants did nothing to prevent such investigation. The contract’s cause was the land itself as defined by its boundaries, not its specific area. Therefore, rescission is not warranted. The defendants are absolved from the complaint.
AI Generated by Armztrong.