A+ A A-

LEDESMA V. CA 213 SCRA 195- Purchaser in Good Faith

LEDESMA V. CA

213 SCRA 195

FACTS:

Two motor vehicles—Honda Gemini and Holden Premiere Model—were purchased from Citiwide Motors by a person who identified himself as Jojo Consunji. He bought the vehicles purportedly for his father. Upon delivery to him of the vehicles, he paid a manager’s check drawn against PCIB. The check though was dishonored by the bank on the ground that the check’s value has been materially altered. This was reported to the police authorities and it was found out that the person misrepresenting himself was actually Suarez who had a long line of criminal cases against him for his modus operandi. The Holden car was recovered after being abandoned somewhere in Quezon City. The Honda on the other hand, was discovered to be sold to Ledesma. Ledesma averred he purchased the vehicle in good faith from one Neyra, as evidenced by his certificate of registration. Citiwide Motors was able to recover.

HELD:

There was a perfected unconditional contract of sale between Citiwide Motors and Suarez. The subsequent dishonor of the check merely amounted to failure of consideration which doesn't render a contract of sale void, but merely allows the prejudiced party to sue for specific performance or rescission of the sale. This being the case, Citiwide motors wasn't unlawfully deprived of the property. It is thus not entitled to the return of the vehicle from Ledesma who bought the property in good faith and for consideration.

LEDESMA V. CA 213 SCRA 195- Purchaser in Good Faith

LEDESMA V. CA

213 SCRA 195

FACTS:

Two motor vehicles—Honda Gemini and Holden Premiere Model—were purchased from Citiwide Motors by a person who identified himself as Jojo Consunji. He bought the vehicles purportedly for his father. Upon delivery to him of the vehicles, he paid a manager’s check drawn against PCIB. The check though was dishonored by the bank on the ground that the check’s value has been materially altered. This was reported to the police authorities and it was found out that the person misrepresenting himself was actually Suarez who had a long line of criminal cases against him for his modus operandi. The Holden car was recovered after being abandoned somewhere in Quezon City. The Honda on the other hand, was discovered to be sold to Ledesma. Ledesma averred he purchased the vehicle in good faith from one Neyra, as evidenced by his certificate of registration. Citiwide Motors was able to recover.

HELD:

There was a perfected unconditional contract of sale between Citiwide Motors and Suarez. The subsequent dishonor of the check merely amounted to failure of consideration which doesn't render a contract of sale void, but merely allows the prejudiced party to sue for specific performance or rescission of the sale. This being the case, Citiwide motors wasn't unlawfully deprived of the property. It is thus not entitled to the return of the vehicle from Ledesma who bought the property in good faith and for consideration.

BATASnatin The Firm

Lawyers in the Philippines

Latest @ Forums

Popular

  • 1
  • 2
  • 3
Prev Next

SUGGESTED ANSWERS …

ANSWERS TO BAR EXAMINATION QUESTIONS IN POLITICAL LAW ARRANGED BY TOPIC (1990 – 2006) Edited and Arranged by:Silliman University College of Law Batch 2005Updated by:DondeeD’ BAR-Retake 2007 From the ANSWERS TO BAR EXAMINATION QUESTIONS by the UP LAW COMPLEX & PHILIPPINE ASSOCIATION OF LAW SCHO...

Read more

Oral Defamation l S…

Kinds and Definition of Slander or Oral Defamation   Definition: Speaking of base and defamatory words which tend to prejudice another in his reputation, office, trade, business or means of livelihood   Two kinds of oral or verbal defamation: (1) Grave Slander (2) Simple Slander   A. Factor...

Read more

Article I – THE NAT…

Article I – THE NATIONAL TERRITORYThe national territory of the Philippines comprises:1) the Philippine archipelago;2) all other territories over which the Philippines has sovereignty or jurisdictionPHILIPPINE ARCHIPELAGO – that body of water studded with islands which is delineated in the Treaty of...

Read more

Random

  • 1
  • 2
  • 3
Prev Next

HEIRS OF NAVARRO V.…

HEIRS OF NAVARRO V. IACAccretion along an area adjacent to the sea is public domain, even if the accretion results from rivers emptying into the sea. It cannot be registered.FACTS:Sinforoso Pascual sits in the midst of a land registration case. The s...

Read more

Grace Christian Hig…

Is permanent representation allowed in the Board Of Directors?   No, the board of directors of corporations must be elected from among the stockholders or members directors every year. Estoppel does not set in to legitimize what is wrongful. (Grace...

Read more

ALL KINDS OF OBLIGA…

ALL KINDS OF OBLIGATIONS, WHETHER PURE OR CONDITIONAL, CAN BE SECURED BY PLEDGE OR MORTGAGEArt. 2091.  The contract of pledge  or  mortgage may secure all  kinds  of  obligations,  be  they  pure  or  subject  to  a suspensive or resolutory condition...

Read more

Featured

  • 1
  • 2
  • 3
Prev Next

Right to Strike

SSSEA v. CA – right to strike – At present, in the absence of any legislation in government employees the right to strike, recognizing their right to do so, or regulating the exercise of such right, they are prohibited form striking by express prohi...

Read more

People vs. Tolentin…

G.R. No. 176385, February 26, 2008 FACTS: On 13 February 1998, three separate informations of Murder and two counts of Frustrated Murder were filed before the RTC against appellants, together with accused Jimmy Trinidad and Arnel Trinidad. The murd...

Read more

Perfection Of A Con…

In Oesmer, Jr., et al. v. Paraiso Dev. Corp., G.R. No. 157493, February 5, 2007, a contract to sell was entered into by the owners of a real property. They affixed their signatures but contested its validity later contending that their co-owner had n...

Read more


BATASnatin.com- The Best Philippine Law Library

Login

Sign in with Facebook