5/21/2018 Heirs of Pangan vs Sps Perreras-DIGEST

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Heirs of Pangan vs Sps Perreras

Facts: Consuelo Pangan, widow of Cayetano, agreed to sell to Sps. Perreras a lot

and two-doorapaptment in Sampaloc, Manila for 580K. Consuelo received 20K as earnest

money and she issuedreceipt. Sps. Perreras, in compliance of the agreement issued twochecks, 200K and 250K on June 15,1989. But Consueolo refused to accept for the reason

that her children never wanted to sell the saidproperty. She offered to return the 20K,

but Sps Perreras did not accept it. Consuelo filed aconsignationbefore the RTC, while Sps.

Perreras filed also before the same RTC Specific performance to executeDeed of Sale

on their favor.

RTC: ruled in favor of Perreras, ratiocinating that there was a perfected Sale, with

regards to Consuelos50% share as conjugal and 6% as heir of the property.CA:

Affirmed the RTC.

SC: There is perfected Contract of Sale. If it is to be viewed as Contract to

Sell, MAceda law will apply.The payment on June 15, late for 1 day from the due date,

without demand from the petitioner iscontrolling, makes the contract a valid contract of

Sale. Thus, the petitioner-heirs must accept the payment of the price and convey

Consuelos conjugal and hereditary share of the subject property.

5/21/2018 Heirs of Pangan vs Sps Perreras-DIGEST

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