FIRST DIVISION
[G.R. No. 239253. August 13, 2018.]
POLICARPIO G. CONCEPCION, ET AL., petitioners, vs.SPOUSES JOHNNY P. SANTOS II AND JESSICA O. SANTOS, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedAugust 13, 2018which reads as follows: HTcADC
"G.R. No. 239253 (Policarpio G. Concepcion, et al. v. Spouses Johnny P. Santos II and Jessica O. Santos). — The motion for extension of time to file the petition for review on certiorari is GRANTED.
After review, we resolve to DENY the petition for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in its Decision dated January 19, 2018 and Resolution dated May 2, 2018.
We agree with the CA that the sale of the subject lot to respondents was already consummated and fully paid. The only issue left to resolve is the nature of the parties' agreement with respect to the construction of the house. The CA was correct in holding that the verbal agreement between the parties was one for a piece of work, i.e., construction of the house, and not for the sale of a house.
The right of rescission under Article 1191 of the Civil Code is predicated on a breach of faith that violates the reciprocity between the parties to the contract. This retaliatory remedy is given to the contracting party who suffers the injurious breach on the premise that it is unjust that a party be held bound to fulfill his promises when the other violates his. 1
In this case, we agree that it was not respondents but petitioner Soledad Nequinto (Nequinto) who defaulted in her obligation since she failed to finish constructing the house. Thus, she cannot demand payment of the entire construction cost of the house which her own evidence shows is not finished yet and which respondents' evidence shows was partly constructed through their own efforts and expense. Much less can Nequinto demand the return of the lot as its sale was already consummated and fully paid.
WHEREFORE, the Court of Appeals' Decision dated January 19, 2018 and Resolution dated May 2, 2018 in CA-G.R. CV No. 106537 are AFFIRMED with MODIFICATION. Consistent with prevailing jurisprudence, 2 the monetary award of P1,425,610.50 shall earn interest at the rate of 6% per annum from the finality of this Resolution until fully paid. aScITE
SO ORDERED." Peralta, J., designated as Acting Chairperson of the First Division per Special Order No. 2582 (Revised) dated August 8, 2018; Gesmundo, J., designated as Acting Member per Special Order No. 2560 dated May 11, 2018.
Very truly yours,
(SGD.) LIBRADA C. BUENAActing Division Clerk of Court
Footnotes
1.Golden Valley Exploration, Inc. v. Pinkian Mining Company, G.R. No. 190080, June 11, 2014, 726 SCRA 259.
2.Nacar v. Gallery Frames, G.R. No. 189871, August 13, 2013, 703 SCRA 439.