This case has been cited 1 times or more.
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2004-03-25 |
TINGA, J, |
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| Salome Castillo is a resident of Long Beach, California, and the registered owner of a duly titled[2] parcel of land with improvements, located at 960 Adelina Street, Sampaloc, Manila. On 5 June 1989, Salome Castillo executed a Special Power of Attorney ("SPA") in favor of her son, Jose M. Castillo ("Jose Castillo"), authorizing the latter, among others things, to sell the property. Jose Castillo caused the publication of an advertisement that the property was for sale for the sum of Two Million Eight Hundred Pesos (P2,800,000.00). The advertisement caught the attention of defendant Erlinda Asedillo, who promptly approached Jose Castillo about purchasing the property. Allegedly, Asedillo agreed to purchase the property for the amount of Two Million Four Hundred Thirty Seven Thousand Five Hundred Pesos (P2,437,500.00). Asedillo issued to Jose Castillo City Trust Check No. 1544262[3] dated 13 June 1995, for One Hundred Thousand Pesos (P100,000.00). However, on the same day, Asedillo instructed City Trust Bank to stop payment of the check. Asedillo also refused to give further payment to Jose Castillo, citing as basis the fact that a notice of lis pendens was annotated on the title of the property. Still, Jose Castillo insisted that Asedillo pay what according to him was the stipulated purchase price. When Asedillo refused to proceed with the sale and give further payment, Jose Castillo, representing Salome Castillo, filed against her a complaint with the Quezon City Metropolitan Trial Court (MTC), Branch 32.[4] In the complaint, captioned "Salome M. Castillo represented by her attorney-in fact, Atty. Jose M. Castillo, Plaintiff, versus Spouses Ruben and Erlinda Asedillo, Defendants", the plaintiff prayed, among others, that the "earnest money" of One Hundred Thousand Pesos (P100,000.00) covered by the City Trust Check "be forfeited" in her favor.[5] | |||||