LAGRIMAS A.

BOY, petitioner,
vs.
COURT OF APPEALS, ISAGANI P. RAMOS and ERLINDA GASINGAN RAMOS,
respondents
G.R. No. 125088, April 14, 2004

AZCUNA, J.:

FACTS

In 1984, Lagrimas Boy needed money for her brothers placement fee to go abroad. She then
borrowed P15k from spouses Isagani and Erlinda Ramos. In 1986, Lagrimas executed a Deed of
Absolute Sale with the Ramoses. Subject of the sale was Lagrimas 55.75 sq. m. land and the
house erected thereon. Price agreed upon was P31k. Allegedly, Lagrimas debt is to be deducted,
so the Ramoses were just to pay P16k. Lagrimas stayed within the property as the Ramoses were
not yet in immediate need thereof.

In 1988, Lagrimas went to Erlinda asking that they execute a Kasunduan. The Kasunduan states
that the Ramoses still owe P16k to Lagrimas; that interest is to be deducted in favor of the
Ramoses so that would leave a balance of P8.5k. The Kasunduan was notarized but upon signing,
Erlinda changed her mind. She said she realized that they were actually able to pay P31k to
Lagrimas when the Deed of Sale was executed. She advised the lawyer to change what she just
signed. The lawyer said that the parties need to talk to each other first. Lagrimas promised the
lawyer that she will be scrapping the Kasunduan.

Later, the need for the Ramoses to occupy the land arose. They demanded Lagrimas to vacate
the property. Lagrimas refused to do so. She invoked the Kasunduan.

ISSUE
Whether or not the Kasunduan prevails over the Deed of Absolute Sale.
RULING

No. A review of the Deed of Sale shows no indication that there was a balance left to be paid to
Lagrimas. The contract is absolute. It has been established that Lagrimas sold the subject
property to the spouses Ramos for the price of P31k, as evidenced by the Deed of Absolute Sale,
the due execution of which was not controverted by Lagrimas. The contract is absolute in nature,
without any provision that title to the property is reserved in Lagrimas until full payment of the
purchase price. By the contract of sale, Lagrimas (as vendor), obligated herself to transfer the
ownership of, and to deliver, the subject property to the Ramoses (as vendees) after they paid
the price of P31k. Under Article 1477 of the Civil Code, the ownership of the thing sold shall be
transferred to the vendee upon the actual or constructive delivery thereof.

In addition, Article 1498 of the Civil Code provides that when the sale is made through a public
instrument, as in this case, the execution thereof shall be equivalent to the delivery of the thing
which is the object of the contract, if from the deed the contrary does not appear or cannot clearly
be inferred. In this case, the Deed of Absolute Sale does not contain any stipulation against the
constructive delivery of the property to private respondents. In the absence of stipulation to the
contrary, the ownership of the property sold passes to the vendee upon the actual or constructive
delivery thereof. The Deed of Absolute Sale, therefore, supports private respondents right of
material possession over the subject property.