Republic of the Philippines

SUPREME COURT
Baguio City
THIRD DIVISION
G.R. No. 190823 April 4, 2011
DOMINGO CARABEO, Petitioner,
s!
SPOUSES NORBERTO a! SUSAN DINGCO, Respon"ents!
D # C I S I O N
CARPIO MORA"ES, J.:
On $uly %&, %''&, Do(ingo Carabeo )petitioner* entere" into a contract "eno(inate" as
"Kasunduan sa Bilihan ng Karapatan sa Lupa"
%
)+asun"uan* ,ith Spouses Norberto an" Susan
Dingco )respon"ents* ,hereby petitioner agree" to sell his rights oer a -./ s0uare (eter parcel
of unregistere" lan" situate" in Puro+ III, Tugatog, Orani, Bataan to respon"ents for P1/,&&&!
Respon"ents ten"ere" their initial pay(ent of P%&,&&& upon signing of the contract, the
re(aining balance to be pai" on Septe(ber %''&!
Respon"ents ,ere later to clai( that ,hen they ,ere about to han" in the balance of the
purchase price, petitioner re0ueste" the( to +eep it first as he ,as yet to settle an on2going
3s0uabble3 oer the lan"!
Neertheless, respon"ents gae petitioner s(all su(s of (oney fro( ti(e to ti(e ,hich totale"
P',%&&, on petitioner4s re0uest accor"ing to the(5 "ue to respon"ents4 inability to pay the
a(ount of the re(aining balance in full, accor"ing to petitioner!
By respon"ents4 clai(, "espite the allege" proble( oer the lan", they insiste" on petitioner4s
acceptance of the re(aining balance of P%/,'&& but petitioner re(aine" fir( in his refusal,
proffering as reason therefor that he ,oul" register the lan" first!
So(eti(e in %''., respon"ents learne" that the allege" proble( oer the lan" ha" been settle"
an" that petitioner ha" cause" its registration in his na(e on Dece(ber 6%, %''1 un"er Transfer
Certificate of Title No! %-%/&-! They thereupon offere" to pay the balance but petitioner
"ecline", "ra,ing the( to file a co(plaint before the Katarungan Pambarangay! No settle(ent
,as reache", ho,eer, hence, respon"ent file" a co(plaint for specific perfor(ance before the
Regional Trial Court )RTC* of Balanga, Bataan!
Petitioner countere" in his 7ns,er to the Co(plaint that the sale ,as oi" for lac+ of ob8ect
certain, the +asun"uan not haing specifie" the (etes an" boun"s of the lan"! In any eent,
petitioner allege" that if the ali"ity of the +asun"uan is uphel", respon"ents4 failure to co(ply
,ith their reciprocal obligation to pay the balance of the purchase price ,oul" ren"er the action
pre(ature! 9or, contrary to respon"ents4 clai(, petitioner (aintaine" that they faile" to pay the
balance of P6/,&&& on Septe(ber %''& to thus constrain hi( to accept install(ent pay(ents
totaling P',%&&!
7fter the case ,as sub(itte" for "ecision or on $anuary 1%, 6&&%,
6
petitioner passe" a,ay! The
recor"s "o not sho, that petitioner4s counsel infor(e" Branch % of the Bataan RTC, ,here the
co(plaint ,as lo"ge", of his "eath an" that proper substitution ,as effecte" in accor"ance ,ith
Section %-, Rule 1, Rules of Court!
1
By Decision of 9ebruary 6:, 6&&%,
.
the trial court rule" in faor of respon"ents, "isposing as
follo,s:
;H#R#9OR#, pre(ises consi"ere", 8u"g(ent is hereby ren"ere" or"ering<
%! The "efen"ant to sell his right oer -./ s0uare (eters of lan" pursuant to the contract
"ate" $uly %&, %''& by e=ecuting a Dee" of Sale thereof after the pay(ent of P%/,'&& by
the plaintiffs5
6! The "efen"ant to pay the costs of the suit!
SO ORD#R#D!
:
Petitioner4s counsel file" a Notice of 7ppeal on >arch 6&, 6&&%!
By the herein challenge" Decision "ate" $uly 6&, 6&&',
-
the Court of 7ppeals a##ir$%! that of
the trial court!
Petitioner4s (otion for reconsi"eration haing been "enie" by Resolution of $anuary /, 6&%&, the
present petition for reie, ,as file" by 7ntonio Carabeo, petitioner4s son,
?
faulting the appellate
court<
)7*
@ in hol"ing that the ele(ent of a contract, i!e!, an ob8ect certain is present in this case!
)B*
@ in consi"ering it unfair to e=pect respon"ents ,ho are not la,yers to (a+e 8u"icial
consignation after herein petitioner allege"ly refuse" to accept pay(ent of the balance of
the purchase price!
)C*
@ in uphol"ing the ali"ity of the contract, 3Aasun"uan sa Bilihan ng Aarapatan sa
Bupa,3 "espite the lac+ of spousal consent, )un"erscoring supplie"*
an" proffering that
)D*
CtDhe "eath of herein petitioner causes the "is(issal of the action file" by respon"ents5
respon"ents4 cause of action being an action in persona(! )un"erscoring supplie"*
The petition fails!
The pertinent portion of the +asun"uan rea"s<
/
= = = =
Na a+o ay (ay isang partial na lupa na (atatagpuan sa Puro+ %%%, Tugatog, Orani Bataan, na
(ay su+at na 6? = 6. (etro +u,a"ra"o, ang nasabing lupa ay (ay sa+op na "ala,ang punong
santol at isang punong (angga, +aya4t a+o ay na+ipag+asun"o sa (ag2asa,ang Norby Dingco at
Susan Dingco na ipagbili sa +anila ang +arapatan ng nasabing lupa sa halagang P1/,&&&!&&!
= = = = )un"erscoring supplie"*
That the kasunduan "i" not specify the technical boun"aries of the property "i" not ren"er the
sale a nullity! The re0uire(ent that a sale (ust hae for its ob8ect a "eter(inate thing is satisfie"
as long as, at the ti(e the contract is entere" into, the ob8ect of the sale is capable of being (a"e
"eter(inate ,ithout the necessity of a ne, or further agree(ent bet,een the parties!
'
7s the
aboe20uote" portion of the +asun"uan sho,s, there is no "oubt that the ob8ect of the sale is
"eter(inate!
Clutching at stra,s, petitioner proffers lac+ of spousal consent! This ,as raise" only on appeal,
hence, ,ill not be consi"ere", in the present case, in the interest of fair play, 8ustice an" "ue
process!
%&
Respecting the argu(ent that petitioner4s "eath ren"ere" respon"ents4 co(plaint against hi(
"is(issible, Bonilla v. Barcena
%%
enlightens<
The 0uestion as to ,hether an action suries or not "epen"s on the nature of the action an" the
"a(age sue" for! In the causes of action ,hich surie, the ,rong co(plaine" CofD affects
pri(arily an" principally property an" property rights, the in8uries to the person being (erely
inci"ental, ,hile in the causes of action ,hich "o not surie, the in8ury co(plaine" of is to the
person, the property an" rights of property affecte" being inci"ental! )e(phasis an" un"erscoring
supplie"*
In the present case, respon"ents are pursuing a property right arising fro( the +asun"uan,
,hereas petitioner is ino+ing nullity of the +asun"uan to protect his proprietary interest!
7ssu(ing arguendo, ho,eer, that the +asun"uan is "ee(e" oi", there is a corollary obligation
of petitioner to return the (oney pai" by respon"ents, an" since the action inoles property
rights,
%6
it suries!1avvphi1
It bears noting that trial on the (erits ,as alrea"y conclu"e" before petitioner "ie"! Since the
trial court ,as not infor(e" of petitioner4s "eath, it (ay not be faulte" for procee"ing to ren"er
8u"g(ent ,ithout or"ering his substitution! Its 8u"g(ent is thus ali" an" bin"ing upon
petitioner4s legal representaties or successors2in2interest, insofar as his interest in the property
sub8ect of the action is concerne"!
%1
In another ein, the "eath of a client i((e"iately "iests the counsel of authority!
%.
Thus, in
filing a Notice of 7ppeal, petitioner4s counsel of recor" ha" no personality to act on behalf of the
alrea"y "ecease" client ,ho, it bears reiteration, ha" not been substitute" as a party after his
"eath! The trial court4s "ecision ha" thereby beco(e final an" e=ecutory, no appeal haing been
perfecte"!
&'ERE(ORE, the petition is DENIED.
SO ORDERED.
CONC'ITA CARPIO MORA"ES
7ssociate $ustice
&E CONCUR)
ANTONIO T. CARPIO
E
7ssociate $ustice
ARTURO D. BRION
7ssociate $ustice
"UCAS P. BERSAMIN
7ssociate $ustice
MARIA "OURDES P. A. SERENO
7ssociate $ustice
7 T T # S T 7 T I O N
I attest that the conclusions in the aboe Decision ha" been reache" in consultation before the
case ,as assigne" to the ,riter of the opinion of the Court4s Diision!
CONC'ITA CARPIO MORA"ES
7ssociate $ustice
Chairperson
C # R T I 9 I C 7 T I O N
Pursuant to Section %1, 7rticle VIII of the Constitution, an" the Diision Chairperson4s
7ttestation, I certify that the conclusions in the aboe "ecision ha" been reache" in consultation
before the case ,as assigne" to the ,riter of the opinion of the Court4s Diision!
RENATO C. CORONA
Chief $ustice
(oo*o*%+
E
Designate" (e(ber per Raffle "ate" >arch %&, 6&%&!
%
Recor"s, p! -!
6
Petitioner4s Death Certificate is appen"e" as 7nne= 3>3 to the petition for reie,, rollo,
p! %&:
1
Section 16. eath o! party" duty o! counsel! F ;heneer a party to a pen"ing action
"ies, an" the clai( is not thereby e=tinguishe", it shall be the "uty of his counsel to
infor( the court ,ithin thirty )1&* "ays after such "eath of the fact thereof, an" to gie
the na(e an" a""ress of his legal representatie or representaties! 9ailure of counsel to
co(ply ,ith his "uty shall be a groun" for "isciplinary action!
The heirs of the "ecease" (ay be allo,e" to be substitute" for the "ecease",
,ithout re0uiring the appoint(ent of an e=ecutor or a"(inistrator an" the court
(ay appoint a guar"ian ad litem for the (inor heirs!
The court shall forth,ith or"er sai" legal representatie or representaties to
appear an" be substitute" ,ithin a perio" of thirty )1&* "ays fro( notice!
If no legal representatie is na(e" by the counsel for the "ecease" party, or if the
one so na(e" shall fail to appear ,ithin the specifie" perio", the court (ay or"er
the opposing party, ,ithin a specifie" ti(e to procure the appoint(ent of an
e=ecutor or a"(inistrator for the estate of the "ecease" an" the latter shall
i((e"iately appear for an" on behalf of the "ecease"! The court charges in
procuring such appoint(ent, if "efraye" by the opposing party, (ay be recoere"
as costs! )%-a, %?a*
.
#ollo, pp! ?%2?'!
:
I"! at ?/2?'!
-
Penne" by 7ssociate $ustice $ose C! Reyes, ,ith the concurrence of 7ssociate $ustices
>artin S! Villara(a, $r! )no, Supre(e Court 7ssociate $ustice* an" Nor(an"ie B!
PiGGaro, i"! at 6/21-!
?
Rosita4s Death Certificate appen"e" to the petition for reie, as 7nne= 3>2%3, i"! at
%&-!
/
$eirs o! #omana %ng&ug'(iro) et. al.) v. Spouses *asal) et.al.) H!R! No! %1.?%/, 7ugust
6&, 6&&%!
'
Ciil Co"e, 7rticle %.-&!
%&
Philippine *ommercial and %nternational Bank v. *ustodio, H!R! No! %?16&?, 9ebruary
%., 6&&/, :.: SCR7 1-?!
%%
H!R! No! B2.%?%:, $une %/, %'?-!
%6
Sumal&ag v. Spouses Literato) et.al.) H!R! No! %.'?/?, $une %/, 6&&/!
%1
Saligumba et.al.) v. Palanog, H!R! No! %.11-:, Dece(ber ., 6&&/!
%.
+ctive #ealty and evelopment *orporation v. ,ernande-, H!R! No! %:?%/-, October
%', 6&&?!