Louis P. Dawson offered to buy on installment from the Siska Development Corporation a parcel of land in Quezon City on May 2, 1967. The land consisted of 638 square meters and a price of P27,632.00.
Louis P. Dawson died without a will and Upon his death, the petitioners assumed the rights and obligations of in the said contract to sell. They are the ones to pay in full the selling price of the lot from their own funds. The payment was completed in 1978.
On March 16, 1978, Siska Development Corporation executed a deed of absolute sale in favor of Dawson instead of the petitioners to whom the rights and obligations of Dawson were transferred. Because of this error, there was a petition for the cancellation and correction of TCT No. RT - 58706 (248057) in the name of Louis P. Dawson and the issuance of a new title in the names of herein petitioners, to wit: Dr. Ernesto C. Dawson (1/5), Louis P. Dawson, Jr. (1/5), Benjamin C. Dawson (1/5), Josephine Dawson Soliven (1/5), Ralph D. Cudilla (1/15), Eliza C. Isip (1/15) and Larry D. Cudilla (1/15).
The petition is not controversial since there was unanimity among all the interested parties who are all petitioners and the only surviving heirs of the deceased Louis P. Dawson. On December 1, 1993, the respondent court issued an Order allowing the petitioners to present ex-parte their evidence before the Branch Clerk of Court. On December 20, 1993, the respondent court rendered its first assailed Resolution, the dispositive portion of which was earlier quoted. The petitioner then filed a motion for reconsideration from the Resolution of the respondent court and that motion was denied by the respondent court in its second assailed Order on March 21, 1994.
ISSUE:
The issue is whether or not that the Court of Appeals erred in affirming that Section 108 of P.D. 1529 does not apply in this case.
DECISION:
In a contract to sell, ownership is transferred only upon full payment. Louis P. Dawson never owned the lot since the petitioners took the obligation to pay the selling price after his death. Siska Development Corporation cannot execute it under the name of the deceased Louis P. Dawson because he does not have anymore civil personality or juridical capacity. The petition is granted and the decision of the Court of Appeals is reversed. The Regional Trial Court of Quezon City is ordered to cause the cancellation of TCT No. RT-58706 (248057) issued in the name of Louis P. Dawson and to cause the issuance of a new certificate of title in the names of the petitioners as co-owners of the subject property, after said petitioners have fulfilled the requirements stated in Section 108 of PD 1529.
LAW:
The applicable law in this case is the Presidential Decree 1529 or the Property Registration Decree