Tan Ah Chan vs Gonzales, 52 Phil 180
Subject: Obligations and Contracts
FACTS
On July 28,1924, Eduardo B.
Gonzalez, as the result of negotiations conducted by the broker, Mrs. Helen
Dahlke, conveyed to Tang Ah Chan and his wife Kwong Kam Koon three parcels of
land contiguous to each other of an aggregate area of 5,635.40 square meters
for the sum of P106,000. Of this amount, Tang Ah Chan paid P6,000 in cash. To
secure the payment of the balance of P100,000,
Tang Ah Chan mortgaged to Gonzales
the land thus conveyed and another property located City of Manila. The
interest on the mortgage was paid up to and including December, 1924, but since
that time Tang Ah Chan has been in default.
The broker Dahlke delivered to Tang
Ah Chan at the beginning of the negotiations a blueprint plan of the land with
the border cut off so that Tang Ah Chan would not know who the owner was, and
this plan showed the property. This is admitted by all the parties and is
inconsistent with the theory of fraud.
ISSUE
Can the action for the rescission
of the contract on the ground of deceit prosper?
RULING
No. Art. 1393 provides that,
Ratification may be effected expressly or tacitly. It is understood that there
is a tacit ratification if, with knowledge of the reason which renders the
contract voidable and such reason having ceased, the person who has a right to invoke
it should execute an act which necessarily implies an intention to waive his
right.
The case comes squarely within the
purview of the provisions of the Civil Code under the subject of Nullity of
Contracts which pertain to ratification. “
“Ratification may be either express
or implied. It shall be deemed that there is an implied ratification
when a person entitled to avail
himself of any ground for the annulment of the contract should, with knowledge
of its existence and after it has ceased, do anything which necessarily implies
an intention to waive such right.
ART. 1396 of the NCC provides that “Ratification
purges the contract of all defects to which it may have been subject as from
the moment it was entered into.”
It results, therefore, that after a
contract is validly ratified, no action to annul the same can be maintained
based upon defects relating to its original validity.
No comments:
Post a Comment