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DE BARSOBIA and
PACITA W. VALLAR vs VICTORIANO T. CUENCO,
G.R. No. L-33048. April 16, 1982
FACTS:
FACTS:
Soledad filed unlawful detainer against her brother-inlaw Ong Ching Po contending that she entrusted the
administration of the house to Ong Ching Po while the
spouses were residing in Ilo-ilo but when her husband
Ong Yee died, she asked Ong Ching Po to leave the
house.
Other issues:
Was the sale made with due consideration? Yes it
appears that the price for the land was paid out of
Soledad Parian and Ong Yees conjugal funds. Such
transaction is a common practice in Filipino-family
affairs.
Was there delivery? Yes. Even though there was no
physical possession of the spouses because they were
residing in Ilo-ilo, under Article 1498 of the Civil Code of
the Philippines, "when the sale is made through a public
instrument, the execution thereof shall be equivalent to
the delivery of the object of the contract, if from the deed
the contrary does not appear or cannot clearly be
inferred."