Fri, May 5, 2012
Domingo vs . Domingo, 42 SCRA 131, Number L-30573, March 29, 1971 Posted by Alchemy Business Middle and Advertising Consultancy at 11: fifty nine PM Labels: 1971, 42 SCRA 131, Civil Law Review, Domingo versus Domingo, Number L-30573, October 29
Domingo vs . Domingo, 42 SCRA 131, No . L-30573, March 29, the year of 1971 G. 3rd there�s r. No . L-30573 October 29, 1971
VICENTE M. DOMINGO, represented by his spouse, children or other loved ones, ANTONINA RAYMUNDO VDA. PARA DOMINGO, RICARDO, CESAR, AMELIA, VICENTE JUNIOR., SALVADOR, IRENE and JOSELITO, all surnamed DOMINGO, petitioners-appellants, vs .
GREGORIO M. DOMINGO, respondent-appellee, TEOFILO P. PURISIMA, intervenor-respondent. Teofilo Leonin intended for petitioners-appellants.
Osorio, Osorio & Osorio intended for respondent-appellee.
Teofilo P. Purisima in his very own behalf since intervenor-respondent.
Petitioner-appellant Vicente M. Domingo, now deceased and represented simply by his spouse, children or other loved ones, Antonina Raymundo vda. de Domingo, Ricardo, Cesar, Amelia, Vicente Junior., Salvacion, Irene and Joselito, all surnamed Domingo, wanted the reversal of the the greater part decision old, March 12, 1969 from the Special Label of Five with the Court of Appeals re-inifocing the wisdom of the trial court, which will sentenced the said Vicente M. Domingo to pay Gregorio M. Domingo P2, 307. 55 and the intervenor Teofilo L. Purisima P2, 607. 60 with fascination on both equally amounts in the date with the filing of the complaint, to pay Gregorio Domingo P1, 000. 00 as moral and exemplary damages and P500. 00 as lawyer's fees plus costs. The following facts were found to get established by the majority of the Special Label of Five of the Court of Appeals: Within a document Exhibit " A" executed upon June a couple of, 1956, Vicente M. Domingo granted Gregorio Domingo, a real estate broker, the exclusive firm to sell his lot Number 883 of Piedad Estate with the of about 88, 477 sq meters at the rate of P2. 00 per square meter (or for P176, 954. 00) with a commission payment of 5% on the total price, if the property is sold by Vicente or by simply anyone else throughout the 30-day duration of the agency or in the event the property comes by Vicente within 90 days from the termination of the agency to apurchaser to whom it absolutely was submitted by Gregorio throughout the continuance in the agency with notice to Vicente. The said organization contract was in triplicate, a single copy was handed to Vicente, while the first and an additional copy were retained simply by Gregorio. On June a few, 1956, Gregorio authorized the intervenor Teofilo P. Purisima to look for a buyer, encouraging him one-half of the 5% commission. Afterwards, Teofilo Purisima introduced Oscar de Leon to Gregorio as a potential buyer. Oscar de Leon submitted a written present which was very much lower than the buying price of P2. 00 per sq . meter (Exhibit " B" ). Vicente directed Gregorio to tell Oscar de Leon to raise his offer. Following several conferences between Gregorio and Oscar de Leon, the latter brought up his offer to P109, 000. 00 on Summer 20, 1956 as evidenced by Exhibit " C", to which Vicente agreed by simply signing Display " C". Upon require of Vicente, Oscar para Leon released to him a check in the amount of P1, 500. 00 while earnest money, after which Vicente advanced to Gregorio the quantity of P300. 00. Oscar de Leon confirmed his former give to pay for the home at P1. 20 per square inmiscuirse in another notification, Exhibit " D". Subsequently, Vicente asked for an additional quantity of P1, 000. 00 as earnest money deposits, which Oscar de Leon promised to deliver to him. Thereafter, Display " C" was amended to the effect that Oscar de Leon will leave on or perhaps about Sept 15, 1956 his residence and whole lot at Denver Street, Quezon City which is part of the price. It was once again amended towards the effect that Oscar is going to vacate his house and lot upon December you, 1956, mainly because his partner was for the family way and Vicente could stay in lot No . 883 of Piedad Estate until June 1, 1957, in a doc dated 06 30, 1956 (the year 1957 in it is a mere typographical error) and noticeable Exhibit " D". Pursuant to his promise to Gregorio, Oscar gave him...