Ga, Vanessa May - Module 2 ANSWER

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PRACTICE COURT I

MODULE 2: CASE ANALYSIS

Group Members:

GROUP 6

Ga, Vanessa May C.

Susuban, Fe Marie G

Magallanes, Myrtel Light V.

Jurolan, Cristelle R.

Sacro, Maria Rica A.


Case:

SPOUSES MINIANO B. DELA CRUZ and LETA L. DELA CRUZ


vs.
ANA MARIE CONCEPCION

G.R. No. 172825

October 11, 2012

Parties of the Case:

1. Miniano B. Dela Cruz and Leta L. Dela Cruz- Petitioner


2. Ana Marie Concepcion- Respondent

Facts of the Case according to the respomdent:

March 25, 1996, petitioners (as vendors) entered into a Contract to


Sell with respondent (as vendee) involving a house and lot in Cypress St.,
Phase I, Town and Country Executive Village, Antipolo City for a
consideration of P2,000,000.00. Respondent made the following
payments, to wit: (1) P500,000.00 by way of down payment; (2)
P500,000.00 on May 30, 1996; (3) P500,000.00 paid on January 22,
1997; and (4) P500,000.00 bounced check dated June 30, 1997 which was
subsequently replaced by another check of the same amount, dated July
7, 1997. Respondent was, therefore, able to pay a total of P2,000,000.00.
Before respondent issued the P500,000.00 replacement check, she told
petitioners that based on the computation of her accountant as of July 6,
1997, her unpaid obligation which includes interests and penalties was
only P200,000.00.

Issues:

WON respondent's obligation had already been extinguished by


payment.
Defenses of the respondent:

In her Answer with Compulsory Counterclaim, respondent


claimed that her unpaid obligation to petitioners is only P200,000.00 as
earlier confirmed by petitioners and not P487,384.15 as later alleged in
the complaint. Respondent thus prayed for the dismissal of the complaint.
By way of counterclaim, respondent prayed for the payment of moral
damages and attorney’s fees. During the presentation of the parties’
evidence, in addition to documents showing the statement of her paid
obligations, respondent presented a receipt purportedly indicating
payment of the remaining balance of P200,000.00 to Adoracion Losloso
(Losloso) who allegedly received the same on behalf of petitioners.

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