SALVADOR ADORABLE VS. CA, GR No. 119466, 1995-11-25
FACTS:
The respondent is the party against whom a petition is filed, especially one on appeal. The
respondent can be either the plaintiff or the defendant from the court below, as either party can
appeal the decision thereby making themselves the petitioner and their adversary the
respondent.
Saturnino Bareng was the registered owner of two parcels of land. The Adorable spouses were
lessees of a 200 sq. m. portion of one of his lots. Saturnino Bareng and his son, Francisco
Bareng, obtained a loan from petitioners amounting to P26,000, in consideration of which they
promised to transfer the possession and enjoyment of the fruits of their lot. Francisco sold a
portion of their land to Jose Ramos. The portion of land being rentedto petitioners was included
in the portion sold to Jose Ramos.
The Barengs failed to pay their loan. A demand letter was sent to FranciscoBareng, but he
refused to pay. Petitioners, learning of the sale made by Francisco Bareng to Jose Ramos, then
filed a complaint with the Regional Trial Court for the annulment or rescission of the sale on the
ground that the sale was fraudulently prepared and executed.
ISSUE:Whether or not the Adorables had the right to annul or rescind the contract of sale on the
ground that the Barengs failed to pay the loan from them.
RULING:The petitioners contend that the sale is void due to the fact that the Barengs owe them
a loan. While the petitioners have an interest in securing payment of loan they extended, their
right to seek payment does not in any manner attach to a particular portion of the patrimony of
their debtor, Francisco Bareng. The petitioners' right against the Barengs is only a personal right
to receive payment for the loan; it is not a real right over the lot subject of the deed of sale.