Professional Documents
Culture Documents
No. 102881) strip of land. On the other hand, Sun Valley, filed a
case for recovery of possession of the disputed 723
square meters relying upon the title description of its
Date: June 3,
2016Author: jaicdn0 Comments property and the surveys it has commissioned.
by the Philippine National Bank (PNB) and later take cognizance of the case for reformation of
catalogues were made for each division e.g. Delta I contract of sale executed between APT and Toyota
into Lots 1, 2 and 3. After this classification, APT provides an arbitration clause which states that:
Part of the duly parcelled Delta I property (Lot 2) submit the matter for determination by a
was sold to Toyota through public bidding. After its committee of experts, acting as arbitrators, the
composition of which shall be as follows: a) One
member to be appointed by the VENDOR; b) the registered owner of a vast tract of land in
Lipa City, Batangas spanning 1,484,354 square
One member to be appointed by the VENDEE; meters. On May 15, 1987, he entered into an
c) One member, who shall be a lawyer, to be Owner-Contractor Agreement with respondent
appointed by both of the aforesaid parties; Laperal Realty Corporation to render and
provide complete (horizontal) construction
The contention that the arbitration clause has become
services on his land. On September 23, 1988,
dysfunctional because of the presence of third parties Salas, Jr. executed a Special Power of Attorney
is untenable. in favor of respondent Laperal Realty to
exercise general control, supervision and
management of the sale of his land, for cash or
Toyota filed an action for reformation of its contract on installment basis. On June 10, 1989, Salas, Jr.
with APT, the purpose of which is to look into the left his home in the morning for a business trip
real intentions/agreement of the parties to the contract to Nueva Ecija. He never returned. After 7
years, Teresita Diaz Salas filed with the Regional
and to determine if there was really a mistake in the
Trial Court of Makati City a verified petition for
designation of the boundaries of the property as the declaration of presumptive death of her
alleged by Toyota. Such questions can only be husband, Salas, Jr., who had then been missing
for more than seven (7) years. It was granted on
answered by the parties to the contract themselves.
December 12, 1996. Meantime, respondent
This is a controversy which clearly arose from the Laperal Realty subdivided the land of Salas, Jr.
contract entered into by APT and Toyota. Inasmuch and sold subdivided portions thereof to
as this concerns more importantly the parties APT respondents Rockway Real Estate Corporation
and South Ridge Village, Inc.; to respondent
and Toyota themselves, the arbitration committee is spouses Abrajano and Lava and Oscar Dacillo;
therefore the proper and convenient forum to settle and to respondents Eduardo Vacuna, Florante
the matter as clearly provided in the deed of sale. de la Cruz and Jesus Vicente Capalan (all of
whom are hereinafter referred to as
Having been apprised of the presence of the
respondent lot buyers). On February 3, 1998,
arbitration clause in the motion to dismiss filed by petitioners as heirs of Salas, Jr. filed in the
APT, Judge Tensuan should have at least suspended Regional Trial Court of Lipa City a Complaint 6
the proceedings and directed the parties to settle their
for declaration of nullity of sale, reconveyance,
cancellation of contract, accounting and
dispute by arbitration. Judge Tensuan should have damages against herein respondents which was
not taken cognizance of the case. docketed as Civil Case No. 98-0047. On April 24,
1998, respondent Laperal Realty filed a Motion
toDismiss on the ground that petitioners failed
In view of all the foregoing, the petition is hereby
to submit their grievance to arbitration as
dismissed for failure to show reversible error, much required under Article VI of the Agreement of
less grave abuse of discretion, on the part of the their arbitration clause. Issue: Whether or not
rescission is an arbitrable? Rulings: Yes The
respondent court.
petitioners' contention is without merit. For
while rescission, as a general rule, is an
arbitrable issue, they impleaded in the suit for
rescission the respondent lot buyers who are
Heirs of Augusto L. Salas, Jr. vs. Laperal Realty
neither parties to the Agreement nor the
Corporation, et al., 320 SCRA 610, G.R. No.
latter's assigns or heirs. Consequently, the right
135362, December 13, 1999 Facts: Salas Jr. was
to arbitrate as provided in Article VI of the
Agreement was never vested in respondent lot The Commissioner issued
buyers. Respondent Laperal Realty, as a a “Notice of Taxpayer” to AMC, Lucas G. Adamson,
contracting party to the Agreement, has the Therese June D. Adamson and Sara
S. de los Reyes, informing them of deficiencies on
right to compel petitioners to first arbitrate
their payment of capital gains tax and Value
before seeking judicial relief. However, to split Added Tax (VAT).The notice contained a schedule
the proceedings into arbitration for respondent for preliminary conference.
Laperal Realty and trial for the respondent lot G.R. No. 120935
buyers, or to hold trial in abeyance pending
arbitration between petitioners and respondent
Laperal Realty, would in effect result in Lucas G. Adamson, Therese June D. Adamson and
multiplicity of suits, duplicitous procedure and Sara S. de los Reyes were charged before the
unnecessary delay. On the other hand, it would Regional TrialCourt (RTC) of Makati, Branch 150
be in the interest of justice if the trial court in Criminal Case Nos. 94-1842 to 94-1846. They
filed a Motion to Dismiss orSuspend the
hears the complaint against all herein
Proceedings. They invoked the grounds that there
respondents and adjudicates petitioners' rights was yet no final assessment of their tax
as against theirs in a single and complete liability,and there were still pending relevant
proceeding. Supreme Court and CTA cases.
DECISION: petition granted. Case remanded to the implement Sec. 19 of the contract, providing for a
court of origin for further hearing resolution of any conflict by arbitration. In
accordance with the aforesaid order and pursuant to
Sec. 19 of the Contract, herein parties constituted an
RTC of Lanao denied, hence has come to this court via the present
petition.
No. 127004) Whether or not the lower court acted with grave
abuse of discretion in not vacating the arbitrator’s
Date: June 3,
2016Author: jaicdn0 Comments award.
Facts:
Ruling: