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G.R No. 172733

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SPS. CORNELIO JOEL I. ORDEN and MARIA NYMPHA V. ORDEN, and REGISTER OF DEEDS OF NEGROSORIENTAL, Petitioners, versus SPS. ARTURO AUREA and MELODIA C. AUREA, SPS. ERNESTO P. COBILE and SUSANA M. COBILE, and FRANKLIN M. QUIJANO, Respondents.
G.R. No. 172733
August 20, 2008

Fact This case is about the legal consequence when spouses Ernesto P. Cobile and Susana M. Cobile, respondents in a contract to Deed of Absolute Sale selling on parcel of land fail to make a promissory due date. When there is a contact, Deed of Absolute Sale and Joint Affidavit between petitioners Orden and respondents Cobile, respondents Cobile paid the amount of 384,000.00 pesos as a partial payment to petitioners Orden. Moreover, there is an evidence receipt that respondents Cobile paid partial payment. Thus, Orden, petitioners and Cobile respondents make a promissory that respondents Cobile promise to pay petitioners Orden the amount of 566,000.00 pesos on or before October 31, 1994 and the remaining balance will be paid soon as the titles of the properties shall have been transferred to respondents Cobile. However, respondents Cobile fail to pay the amount 566,000.00 pesos due to October 31, 1994 and they paid 354,596.28 as representing a partial payment through Arturo Aurea. Petitioners Orden informed respondents Cobile that if respondents Cobile fail to pay the remaining balances dated March 11, 1995, petitioners Orden will contract other interested investors. Since respondents Cobile did not make any further payment, petitioners Orden sold the properties to Fortunata Adalim as a new interested investor. Also petitiones Orden did not transfer the titles to respondents Cobile the amount of 738,596.28 pesos.

Issue Petitioners Orden should return the title the amount of 738,596.28 pesos to respondents Cobile since respondents Cobile fails to complete the contract.

Ruling

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