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MARIA ROSARIO DE SANTOS v. ADORACION G. ANGELES

This case has been cited 3 times or more.

2003-11-12
PER CURIAM
For automatic review is the Decision[1] dated May 9, 1995 of the Regional Trial Court, Branch 50, San Jacinto, Masbate, in Criminal Case No. 561, declaring Charlie Almoguerra and Dante Aton, appellants, guilty beyond reasonable doubt of the special complex crime of robbery with homicide and sentencing them to suffer the supreme penalty of death. They were also adjudged to pay Florentino and Lily Julaton, parents of the victims, P150,000.00 as civil indemnity and P15,000.00, the amount taken.
2003-04-09
BELLOSILLO, J.
Indeed, under the law on sales the vendor is bound to transfer ownership of and deliver the thing object of the sale to the vendee.[6] In the present case, although the sale was made through a public document and hence equivalent to delivery of the thing sold, petitioner Hermogena vehemently denied the fact of the sale and interposed her objection to private respondent's enjoyment of the property. As such, fiction must yield to reality and petitioner's obligation to deliver the sold portion of Lot No. 10561, or Lot No. 10561-A, to private respondent remains.