OLIVAREZ REALTY CORPORATION and DR. PABLO R.
OLIVAREZ, Petitioner, vs. BENJAMIN CASTILLO, Respondent.
CITATION: G.R. No. 196251
DATE: July 9, 2014
PONENTE: LEONEN, J.
FACTS:
Benjamin Castillo was the registered owner of a parcel of land located in
Laurel, Batangas in which the same parcel of land allegedly claimed
ownership by The Philippine Tourism Authority. Castillo and Olivarez Realty
Corporation, represented by Dr. Pablo R. Olivarez, entered into a contract of
conditional sale over the property and agreed the property will be sold to
Olivarez Realty Corporation for ₱19,080,490.00. A down payment of
₱5,000,000.00, to be paid from April to November while the remaining
balance will be paid in 30 equal monthly installments.
Castillo filed a complaint against Olivarez Realty Corporation and Dr. Olivarez
with the Regional Trial Court of Tanauan City, Batangas.. Contrary to the
agreement, the corporation did not file any action against the Philippine
Tourism Authority to void the latter’s title to the property and refused to fully
pay the purchase price. Olivarez Realty Corporation and Dr. Olivarez
admitted that the corporation only paid ₱2,500,000.00 ofthe purchase price
however, claimed that Castillo failed to "fully assist" the corporation in filing
an action against the Philippine Tourism Authority. Olivarez Realty
Corporation and Dr. Olivarez prayedthat Castillo’s complaint be dismissed.
Castillo filed a request for admission. However, respondents filed their
objections to the request for admission. Castillo filed a motion for summary
judgment and/or judgment on the pleadings attaching his affidavit and the
affidavit of a Marissa Magsino attesting to the truth of the material
allegations of his complaint. Respondents opposed the motion arguing that it
was "devoid of merit:” and argued that the case should proceed to trial.
The trial court found that Olivarez Realty Corporation and Dr. Olivarez’s
answer "substantially admitted the material allegations of Castillo’s
complaint and did not raise any genuine issue [as to any material fact. The
Court of Appels affirmed in the trial court’s decision that it correctly rendered
summary judgment.
ISSUE:
Whether or not trial court correctly rendered summary judgment.
RULING:
NO. Judgment on the pleadings is proper when the answer filed fails to
tender any issue, or otherwise admitsthe material allegations in the
complaint. On the other hand, in a summary judgment, the answer filed
tenders issues as specific denials and affirmative defenses are pleaded, but
the issues raised are sham, fictitious, or otherwise not genuine.
In this case, Olivarez Realty Corporation admitted that it did not fully pay the
purchase price as agreed upon inthe deed of conditional sale. As to why it
withheld payments from Castillo, it set up the following affirmative defenses:
First, Castillo did not filea case to void the Philippine Tourism Authority’s title
to the property; second,Castillo did not clear the land of the tenants; third,
Castillo allegedly sold the property to a third person, and the subsequent
sale is currently being litigated beforea Quezon City court.
There are no genuineissues of material fact in this case. These are issues
that can be resolved judiciously by plain resort to the pleadings, affidavits,
depositions, and other papers on file. As the trial court found, Olivarez Realty
Corporation illegally withheld payments of the purchase price. The trial court
did not err in rendering summary judgment.
