Mahusay vs. B.E. San Diego, Inc

Mahusay vs. B.E. San Diego, Inc.
Facts:
Petitioner spouses Juanito and Francisca Mahusay purchased several lots
in Aurora Subdivision, Malabon, Metro Manila, owned by respondent B.E. San Diego
, Inc. The transactions were covered by two (2) contracts: Contract to Sell No.
831, executed on May 14, 1973, for the total price of P33,000.00; and Contract t
o Sell No. 874 dated August 1, 1975, for the price of P197,040.00, plus interest
of 12% per annum, payable in monthly installments. Due to petitioners nonpayment
of the monthly amortizations since October 1978, respondent was constrained to
file a case for cancellation of contracts. The case was dismissed by the trial c
ourt for lack of jurisdiction. Thereafter, a Compromise Agreement was entered in
to by the parties on October 13, 1989, whereby petitioners agreed to pay respond
ent the remaining balance of the purchase price of all the lots in the manner an
d under the terms agreed upon by the parties. Petitioners failed to comply with
the terms embodied in the Compromise Agreement; thus, on April 18, 1990, respond
ent filed a Complaint for Specific Performance with the Regional Trial Court (RT
C), Branch 73, Malabon, docketed as Civil Case No. 1433-MN.
Petitioners appealed the decision to the CA on two grounds: (1) it was the Housi
ng and Land Use Regulatory Board and not the RTC which had jurisdiction over the
subject matter of the action; and (2) the Compromise Agreement was unenforceabl
e because it was only Francisca Mahusay who signed the Agreement on October 13,
1989, without the consent of her husband Juanito Mahusay. In its Decision dated
December 20, 2001, the CA upheld the jurisdiction of the RTC. The CA ratiocinate
d that respondent s action was one for Specific Performance with Damages, which is
in the nature of ordinary money claims filed by the unpaid seller against the b
uyer, that should be litigated in the regular court. Besides, petitioners were e
stopped from questioning the court s jurisdiction since, by the act of filing an a
nswer and other pleadings, they were deemed to have submitted themselves to the
jurisdiction of the court. The CA, however, saw merit in the contention that the
Compromise Agreement dated October 13, 1989 was not valid considering that it w
as entered into by petitioner Francisca Mahusay alone. Since the Agreement invol
ved the conjugal properties of petitioners, Francisca could not bind her husband
, who never gave his consent to the Agreement.
Issue:
What is the remedy of the seller of unpaid real property?
Held:
The Court further notes that petitioners are in actual/physical possession of th
e properties and enjoying the beneficial use thereof, despite the payment of onl
y P133,872.76, as of January 30, 1979.19 It would be grossly unfair for responde
nt to be deprived of the amount it would have received from the sale of their pr
operties, while petitioners benefited from the use and continued possession of t
he properties even if no payments were made by them since October 1978. It is a
basic rule in law that no one shall unjustly enrich oneself at the expense of an
other. Indeed, to allow petitioners to keep the properties without paying for th
em in full amounts to unjust enrichment on their part.20 The fair market value o
f the land has tremendously increased over the past years. It is, therefore, jus
t, fair, and equitable that petitioners be made to pay interest/penalty for the
delay in their payments.1
Finally, the Court notes that this case has dragged on for many years since 1978
. In order to writ finis to this protracted litigation between the parties, we r
esolve the case in accordance with jurisprudence on the matter. Undeniably, the
instant case is a sale of real property where the purchase price is not paid in
full. The unpaid seller s remedy is either an action to collect the balance or to
rescind the contract within the time allowed by law. Since rescission is no long
er an option considering that petitioners have been in possession of the propert
ies for a considerable period of time, substantial justice dictates that respond
ent be entitled to receive the unpaid balance of the purchase price, plus legal
interest thereon.21 In line with our ruling in Eastern Shipping Lines, Inc. v. C
ourt of Appeals,22 the legal interest to be paid on the amount shall be 12% per
annum, which shall commence from April 18, 1990, when respondent filed the Compl
aint for Specific Performance with the RTC, Branch 73, Malabon, in Civil Case No
. 1433-MN, which shall be considered as judicial demand, until the finality of t
his Decision. Another 12% interest per annum shall be paid on the amount due and
owing as of and from the date of finality of the Decision until full payment.

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