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Vda de Jomoc v. CA
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G.R. No. 92871 August 2, 1991

MARIA P. VDA. DE JOMOC, ET AL., petitioners, vs. THE COURT OF APPEALS, REGIONAL TRIAL COURT OF
MISAMIS ORIENTAL, 10th Judicial Region, Br. 25, respondents.
G.R. No. 92860 August 2, 1991
SPOUSES LIM LEONG KANG & LIM PUE KING, petitioners, vs. MAURA SO & HON. COURT OF APPEALS (Eleventh
Division), respondents.

Doctrine: The contract of sale of real property even if not complete in form, so long as the essential requisites of consent
of the contracting parties, object, and cause of the obligation concur and they were clearly established to be present, is
valid and effective as between the parties. Public document is only needed to bind third persons.

Facts:

- A parcel of land in Cagayan de Oro owned by lat e Pantaleon Jomoc was fictitiously sold to third persons in
which the last transferee are the spouses Mariano and Maria So. Maria Vda de Jomoc, as administrarix of
Pantaleon Jomoc’s estate, filed suit to recover the property.
- The case was decided in favor of Jomoc and was accordingly appealed by Mariano So and one Gaw Sur
Cheng to the Court of Appeals.
- While pending appeal, Vda de Jomoc executed executed a Deed of Extrajudicial Settlement and Sale of Land
with private respondent for P300,000.00. The document was not yet signe d by all the parties nor notarized but
in the meantime, Maura So had made partial payments amounting to P49,000.00.
- Mariano So, the appellant in the recovery proceeding, agreed to settle t he case by executing a Deed of
Reconveyance of the land in favor of t he heirs of Pantaleon Jomoc. The reconveyance was in compliance with
the decision in the recovery case and resulted in the dismissal of his appeal. The heirs of Jomoc executed
another extra-judicial settlement with absolute sale in favor of intervenors Lim Leong Kang and Lim Pue f iling
claiming that they believe that So already backed-out f rom the agreement.. Later, Maura So demanded from t he
Jomoc family the execution of a f inal deed of conveyance. They ignored the demand.
- Maura So sued petitioners-heirs for specific performance to compel them to execute and deliver the proper
registrable deed of sale over the lot.
- The lower court, finding that t here was no sufficient evidence to show complainant-respondents' withdrawal
from the sale.
- On appeal, the trial court decision was aff irmed.

Issue/s: WON the sale is enforceable.

Held:
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Since petitioners admit the existence of the extra-judicial settlem ent, the court finds that there was meeting of
½ minds between the parties and hence, t here is a valid contract that has been partly executed.
the
GET -— On the App
The contract Store
of sale of real property even if not complete in form, so long as the essential requisites of consent
of the contracting parties, object, and cause of the obligation concur and they were clearly established to be
present, is valid and effective as between the parties. Public document is only needed to bind third persons.
- The payment made by So is a clear proof of her intention to acquire the property and the petitioners cannot
claim about the respondent backing out. The sale to the intervenors Lim cannot be recognized because when
they bought the property, there was already a notice of lis pendens and the sale cannot be said t o be in good
faith.

Dispositive: WHEREFORE, the petitions are hereby DISMISSED for lack of merit. The decision of the Court of Appeals
dated September 13, 1989 and its resolution dated April 2, 1990 are AFFIRMED.

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