STA.ANA V. HERNANDEZ (January 17, 1966)

FACTS:

Spouses Jose Santa Ana, Jr. and Lourdes Sto. Domingo sold a land in Bulacan to respondent Rosa Hernandez for P11,000 lump sum. (there were two other previous sales to different vendees of other portions of the land)

The boundaries of the land were stated in the deed of sale and its approximate land area.

Petitioners-spouses caused the preparation of the subdivision plan but Hernandez didn’t agree to the partition. As such, petitioners-spouses filed a case alleging that Hernandez is occupying in excess of 17000 square meter of the land sold. Hernandez claims that the excess area is part of the land she bought.

ISSUE:

WON the excess area occupied by Hernandez is part of the land sold.

HELD:

The sale involves a definite and identified tract, a corpus certum, that obligated the vendors to deliver to the buyer all the land within the boundaries, irrespective of whether its real area should be greater or smaller than what is recited in the deed.

To hold the buyer to no more than the area recited on the deed, it must be made clear therein that the sale was made by unit of measure at a definite price for each unit. The sale in this case only involves the definite boundaries but only approximate land areas. As such,  Art 1542 concerning the sale for lump sum must be considered.