Civil Law, 2017 Bar — Question VII-A

ESSAY

Alice agreed to sell a parcel of land with an area of 500 square meters registered in her name and covered by her TCT No. 12345 in favour of Bernadette for the amount of P900,000.00. Their agreement dated October 15, 2015 provided for payment of P100,000.00 upon signing and four P200,000.00 installments due November 15, 2015, December 15, 2015, January 15, 2016, and February 15, 2016, with title to be transferred upon full payment on or before February 15, 2016. After paying the P100,000.00 on October 15, 2015 and the P200,000.00 installment on November 15, 2015, Bernadette defaulted despite repeated demands. In December 2016, Bernadette offered to pay her balance but Alice refused and said the land was no longer for sale. Bernadette caused the annotation of her adverse claim on TCT No. 12345 on December 19, 2016. She later discovered that Alice had sold the property to Chona on February 5, 2016, and that TCT No. 12345 had been cancelled and TCT No. 67891 issued to Chona. Bernadette sued Alice and Chona for specific performance, annulment of sale and cancellation of TCT No. 67891, insisting she had a contract of sale with Alice and that Alice engaged in double sale. (a) Did Alice and Bernadette enter into a contract of sale of the lot covered by TCT No. 12345? Explain your answer. (4%)

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