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Question VIII

2018 Bar · Remedial Law · 1 sub-question

VIII. Spouses Dondon and Donna Dumdum owned a residential lot in Dapitan City. Doy Dogan bought said lot and took possession thereof with the promise to pay the purchase price of PhP 2 million within a period of six (6) months. After receiving only PhP 500,000, spouses Dumdum executed the deed of absolute sale and transferred the title to Doy Dogan. The balance was not paid at all. Spouses Dumdum, through counsel, sent a demand letter to Doy Dogan for him to pay the balance of PhP 1.5 million plus interest of PhP150,000. Doy Dogan responded in a letter by saying that "while the remaining balance is admitted, the interest charged is excessive." There being no payment, spouses Dumdum filed with the RTC of Dapitan City a complaint for reconveyance with damages against Doy Dogan. In his answer, Doy Dogan raised, by way of affirmative defense, that the purchase price had been fully paid and for this reason the complaint should have been dismissed. Spouses Dumdum then filed a motion for judgment on the pleadings which was granted by the RTC of Dapitan City. The Court awarded PhP1 .5 million actual damages representing the balance of the purchase price, PhP 200,000 as moral damages, PhP 200,000 as exemplary damages, PhP 90,000 as interest, PhP 50,000 as attorney's fees, and PhP 5,000 as cost of suit. Was it proper for the RTC of Dapitan City to grant the motion for judgment on the pleadings? (2.5%)

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