SALES CIRCUMSTANCES

 SALES INSTANCES Essay

1) Coronel vs . LOS ANGELES ( 263 SCRA 15)

ROMULO A. CORONEL, ALARICO A. CORONEL, ANNETTE A. CORONEL, ANNABELLE C. GONZALES (for herself and on account of Floraida C. Tupper, as attorney-in-fact), CIELITO A. CORONEL, FLORAIDA A. ALMONTE, and CATALINA BALAIS MABANAG,  petitioners,  vs. THE THE COURTROOM OF IS ATTRACTIVE, CONCEPCION M. ALCARAZ and RAMONA PATRICIA ALCARAZ, aided by GLORIA F. NOEL as attorney-in-fact,  respondents. The petition ahead of us has its roots in a problem for particular performance to compel here petitioners (except the last called, Catalina Balais Mabanag) to consummate someone buy of a parcel of property with its advancements located along Roosevelt Method in Quezon City entered into by the parties between January 1985 for the retail price of P1, 240, 000. 00. The indisputable facts of the case were summarized by surveys takers court in this wise: On January 19, 1985, defendants-appellants Romulo Coronel,  et. al. (hereinafter referred to as Coronels) executed a document entitled " Invoice of Straight down Payment” (Exh. " A”) in favor of individual Ramona Patricia Alcaraz (hereinafter referred to as Ramona) which is produced hereunder: RECEIPT OF STRAIGHT DOWN PAYMENTP1, 240, 000. 00 - Total amoun 50, 500. 00 -- Down paymentP1, 190, 500. 00 -- Balance Received from Miss Ramona Patricia Alcaraz of 146 Timog, Quezon City, the sum of Fifty Thousand Pesos purchase price of the inherited property and great deal, covered by TCT No . 119627 of the Computer registry of Actions of Quezon City, in the total quantity of P1, 240, 000. 00. We bind ourselves to effect the transfer in our names from your deceased dad, Constancio P. Coronel, the transfer qualification of name immediately after receipt of the down payment above-stated. On our presentation with the TCT previously in or perhaps name, We all will right away execute the deed of absolute sale for said property and Miss Ramona Patricia Alcaraz shall immediately pay out the balance of theP1, one hundred ninety, 000. 00. Clearly, the conditions appurtenant for the sale will be the following: 1 )        Ramona could make a deposit of Fifty Thousand (P50, 000. 00) pesos after execution in the document aforestated; 2 .        The Coronels will cause the transfer in their labels of the title of the property registered in the name of their departed father after receipt in the Fifty Thousand (P50, 000. 00) Pesos down payment; several.        Upon the transfer inside their names from the subject real estate, the Coronels will implement the action of complete sale for Ramona and the latter will probably pay the former the entire balance of One Million Hundred Ninety 1000 (P1, 190, 000. 00) Pesos. On a single date (January 15, 1985), plaintiff-appellee Concepcion D. Alcaraz (hereinafter called Concepcion), mother of Ramona, paid the down payment of Fifty 1, 000 (P50, 000. 00) Pesos (Exh. " B”, Exh. " 2”). On February 6, 1985, the property originally authorized in the name of the Coronel's father was transmitted in their labels under TCT No . 327043 (Exh. " D”; Exh " 4”)On February 18, 1985, the Coronels distributed the property covered by TCT No . 327043 to intervenor-appellant Catalina B. Mabanag (hereinafter called Catalina) for just one Million Five Hundred Eighty 1, 000 (P1, 580, 000. 00) Pesos after the latter offers paid 300 Thousand (P300, 000. 00) Pesos (Exhs. " F-3”; Exh. " 6-C”) Because of this, Coronels terminated and rescinded the contract (Exh. " A”) with Ramona by simply depositing the down payment paid out by Concepcion in the bank in trust for Ramona Patricia Alcaraz. On February twenty-two, 1985, Embarazo,  et. ing., filed a complaint for a specific overall performance against the Coronels and triggered the reflexion of a see of lis pendens at the back of TCT No . 327403 (Exh. " E”; Exh. " 5”). On April 2, 1985, Catalina induced the reflexion of a see of negative claim within the same house with the Computer registry of Deeds of Quezon City (Exh. " F”; Exh. " 6”). On April 25, 85, the Coronels executed a Deed of Absolute Sales over the subject property in favor of Catalina (Exh. " G”; Exh. " 7”). On June 5, 1985, a new name over the subject property was...


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