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Leng J. Page 2
Sally's Beach Resort also known as Jabil's Beach Resort in March, 1965; Mactan
White Beach Resorton January 15, J 966 and Bevirlyn's Beach Resort on
September 1, 1965. Such facts were admittedby petitioner spouses.2. No.
The contract of sale being absolute in nature is governed by Article 1592 of the
Civil Code. It isundisputed that petitioners never notified private respondents Jabil
by notarial act that they wererescinding the contract, and neither did they file a
suit in court to rescind the sale. There is noshowing that Amistad was properly
authorized by Jabil to make such extra-judicial rescission for thelatter who, on the
contrary, vigorously denied having sent Amistad to tell petitioners that he
wasalready waiving his rights to the land in question. Under Article 1358 of the
Civil Code, it is requiredthat acts and contracts which have for their object
extinguishment of real rights over immovableproperty must appear in a public
document.Petitioners laid considerable emphasis on the fact that private
respondent Jabil had no money onthe stipulated date of payment on September
15,1965 and was able to raise the necessary amountonly by mid-October 1965. It
has been ruled, however, that where time is not of the essence of theagreement,
a slight delay on the part of one party in the performance of his obligation is not
asufficient ground for the rescission of the agreement. Considering that private
respondent has only abalance of P4,OOO.00 and was delayed in payment only for
one month, equity and justice mandateas in the aforecited case that Jabil be given
an additional period within which to complete paymentof the purchase price
The trial court promulgated its Decision in the Civil Case void
the separate deeds of absolute sale thereof executed by
Tazal in favor of Rayos and to spouses Rayos and by Rayos
to the same spouses, and ordered herein petitioners and
Francisco Tazal to vacate and reconvey the lands to
respondents as heirs of Reyes and to pay damages.
Petitioners appealed theDecision to the CA.
ISSUE:
HELD:
(d) the amount due was placed at the disposal of the court;
and, (e) after the consignation had been made the person
interested was notified thereof.