Sei sulla pagina 1di 2

Mel l iza vs City of Iloilo ( 30 April 1968)

Subject Matter: Object of Sale

RR: Juliana Melliza sold some parcels of land to Iloilo . The land sold to Iloilo was for the site of the construction of the City Hall accdg to the Arellano Plan and the instrument of such sale contained a stipulation that the sale included the area needed for the construction of avenues, parks, and the city hall site. The requirement of the law that a sale must have for its object a determinate thing, is fulfilled as long as, at the time the contract is entered into, the object of the sale is capable of being made determinate without the necessity of a new or further agreement between the parties.

Facts:

- Melliza owned lands in Iloilo C i ty. Among those lands was Lot No. 1214 which had a total area of 29,073 sqm .

- In 1931, she donated to the Municipality of Iloilo 9,000 sqm of Lot 1214 but was revoked because the donated land didn ’t meet the requirements for a Municipal Hall site accdg to the Arellano Plan.

- Subsequently, L o t 1214 was the subdivided into 1214- A, 1214 - B- 1, 1214 - B- 2, and 1214- B- 3. As approved by the Bureau of Lands, Lot 1214- B- 1, with 4,562 square meters, became known as Lot 1214 - B; Lot 1214 - B- 2, with 6,653 square meters, was designated as Lot 1214- C; and Lot 1214 - B- 3, with 4,135 square meters, became Lot 1214- D.

- In 1932, Melliza executed an instrument without any caption contain ing the sale of some her real properties, including Lots 1214- B- 2 and 1214- B- 3 to the Municipality of Iloilo for the consideration of P6,422.00.

- In 1938, Melliza sold her remaining interest in Lot 1214 to Villanueva. In 1946, Villanueva then transferred her rights to the land to Pio Sian Melliza. Annotated at the back of Pio Melliza’s title certificate was:

- (a) that a portion of 10,788 square meters of Lot 1214 now designated as Lots Nos. 1412 - B- 2 and 1214- B- 3 of the subdivision plan belongs to the

Municipality of Iloilo as per instrument dated "

- In 1949, the City of Iloilo (formerly Municipality) donated the city hall site with the building thereon to the University of the Philippines.

- Sometime in 1952, the University of the Philippines enclosed the site donated with a wire fence. Pio Sian Melliza thereupon made representations, thru his lawyer, with the city authorities for payment of the value of the lot (Lot 1214 - B). No recovery was obtained, because as alleged by plaintiff, the City did not have funds

- The University of the Ph ilippines, meanwhile, obtained Transfer Certificate of Title No. 7152 covering the three lots, Nos. 1214- B, 1214- C and 1214- D.

- On December 10, 1955 Pio Sian Melizza filed an action in the Court of First Instance of Iloilo against Iloilo City and the University of the Philippines for recovery of Lot 1214 - B or of its value.

- The defendants answered, contending that Lot 1214- B was included in the public instrument executed by Juliana Melliza in favor of Iloilo municipality in 1932. After stipulation of facts and trial, the Court of First Instance rendered its decision on August 15, 1957, dismissing the complaint. Said court ruled that the instrument executed by Juliana Melliza in favor of Iloilo municipality included in the conveyance Lot 1214- B.

- T his meant that Juliana Melliza not only sold Lots 1214- C and 1214- D but also such other portions or lots as were necessary for the municipal hall site, such as Lot 1214- B. And thus it held that Iloilo City had the right to donate Lot 1214- B to the U.P. This decision, upon appeal, was affirmed by the CA saying that there was a stipulation in Melliza’s document saying that the sale included the area needed for the construction of avenues, parks, and the city hall site.

Issue: W/N the conveyance by Melliza to Iloilo City included Lot 1214-

B

Held: YES.

November 15, 1932

- Reading the p ublic instrument in toto with special reference to the paragraphs describing the lots included in the sale, shows that said instrument describes four parcels of land by their lot numbers and area; and then it goes on to further describe, not only those lot s already mentioned, but the lots object of the sale, by stating that said lots are the ones needed for the construction of the city hall site, avenues and parks according to the It is therefore the more reason able interpretation to view it as describing those other portions of land contiguous to the lots aforementioned that, by reference to the Arellano plan, will be found needed for the purpose at hand, the construction of the city hall site.

- It is therefore the more reasonable interpretation to view it as describing those other portions of land contiguous to the lots aforementioned that, by reference to the Arellano plan, will be found needed for the purpose at hand, the construction of the city hall site.

- The requirement of the law that a sale must have for its object a determinate thing, is fulfilled as long as, at the time the contract is entered into, the object of the sale is capable of being made determinate without the necessity of a new or further agreement between the parties (Art. 1273, old Civil Code; Art. 1460, New Civil Code). The specific m ention of some of the lots plus the statement that the lots object of the sale are the ones needed for city hall site; avenues and parks, according to the Arellano plan, sufficiently provides a basis, as of the time of the execution of the contract, for rendering determinate said lots without the need of a new and further agreement of the parties.

- T here is no question either that Lot 1214- B is contiguous to Lots 1214- C and 1214- D, admittedly covered by the public instrument. It is stipulated that, after execution of the contract Exhibit "D", the Municipality of Iloilo possessed it together with the other lots sold. It sits practically in the heart of the city hall

site. Furthermore, Pio Sian Melliza, from the stipulation of facts, was the notary public of the public instrument. As such, he was aware of its terms. Said instrument was also registered with the Register of Deeds and such registration was annotated at the back of the corresponding title certificate of Juliana Melliza.