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BPI v. Sanchez, 2014

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BANK OF THE PHILIPPINE ISLANDS vs. VICENTE VICTOR C.

SANCHEZ
G.R. No. 179518; G.R. No. 179835; G.R. No. 179954, November 19, 2014, J. Velasco Jr.
Facts:
Vicente Victor C. Sanchez, Kenneth Nereo Sanchez and Imelda C. V da. De Sanchez
owned a parcel of land located at No. 10 Panay Avenue, Quezon City consisting of 900 square
meters. The property was registered under TCT 156254 of the Registry of Deeds of Quezon City.
On October 10, 1988, Jesus V. Garcia, doing business under the name TransAmerican Sales and
Exposition, Inc., wrote a letter to Vicente offering to buy the Subject Property for One Million
Eight Hundred Thousand Pesos under subject terms and conditions. The offer was good for only
seven (7) days. The period elapsed with the parties failing to come to an agreement. Sometime in
the third week of October 1988, Felisa Yap, the widow of Kenneth Nereo Sanchez, and Garcia had
a meeting at the Quezon City Sports Club wherein the parties agreed to the sale of the subject
property. Pursuant to this agreement, Yap turned over to Garcia the original owner’s copy of TCT
156254, the copy of the filed Application for Restitution of Title to the property, and copies of all
receipts for the payment of real estate taxes on the property, while Garcia paid Yap 50,000 as
earnest money.
Afterwards, Yap required the occupants of the subject property to vacate the same.
Immediately after it was vacated, Garcia, without Yap’s knowledge and consent, took possession
of the lot and installed his own caretaker thereon with strict instructions not to allow anyone to
enter the property. Yap later learned that Garcia had also demolished the house on the property
and advertised the construction and sale of "Trans American Townhouse V" thereon. The
foregoing developments notwithstanding and despite numerous demands, Garcia failed to pay the
balance of the purchase price as agreed upon.
Yap was informed that the checks representing the purchase price of the subject property
were ready but that Vicente must pick up his checks personally. However, out of the six (6)
checks that were presented to them, four (4) of them were post-dated, further delaying their
overdue payment. In order to properly document such check payments, the parties executed an
Agreement dated December 8, 1988, which relevantly provide: That the total consideration of sale
of the rights, interest, participation and title of the Yap and Vicente of the aforestated parcel of
land to Garcia shall be One Million Eight Hundred Fifty Thousand Pesos (P1,850,000.00),
Philippine Currency, payable in check.That the parties hereto agree that once the aforestated
checks are honored by the bank and encashed by the payees thereof, the First and Second Parties
shall execute an EXTRA-JUDICIAL SETTLEMENT OF ESTATE WITH SALE distributing and
dividing among themselves. Subsequently, the first four (4) checks were deposited with no issue.
However, the last two (2) checks, amounting to P400,000 each, were dishonored for the reason of
"DAIF" or drawn against insufficient funds.Thus, Yap wrote a letter to Garcia informing him that
the two (2) checks were dishonored and asking that the checks be replaced within five (5) days from receipt of
the letter. Such request was left unheeded. Yap informed Garcia in a letter that she
and Vicente were rescinding the Agreement while demanding the return of the original owner’s
copy of TCT 156254. This prompted Garcia to offer two (2) manager’s checks in the aggregate
amount of P300,000 which Yap flatly refused, reiterating the rescission of their Agreement and
demanding for the return of all documents entrusted to Garcia through a January 21, 1989 letter.

Issue:
Whether or not the parties all acted in bad faith.

Ruling:
No, The Sanchezes are not guilty of negligence and bad faith.

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