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Sarming vs. Dy 383 SCRA 131, JUNE 6, 2002 Facts

1) A controversy arose regarding the sale of half of Lot 4163, which was owned by Silveria Flores and her deceased brother Jose's heirs. Jose's heirs sold their half share to Alejandra Delfino in 1956 with Silveria's consent. 2) However, due to a mistake, the deed of sale referenced the wrong lot, Lot 5734 instead of Lot 4163. 3) Alejandra took possession of Lot 4163 and made improvements, unaware of the mistake, until two years later. She and the vendors then filed for reformation of the deed. 4) The Court ruled reformation was proper because there was a meeting of minds between the parties to sell Lot

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152 views1 page

Sarming vs. Dy 383 SCRA 131, JUNE 6, 2002 Facts

1) A controversy arose regarding the sale of half of Lot 4163, which was owned by Silveria Flores and her deceased brother Jose's heirs. Jose's heirs sold their half share to Alejandra Delfino in 1956 with Silveria's consent. 2) However, due to a mistake, the deed of sale referenced the wrong lot, Lot 5734 instead of Lot 4163. 3) Alejandra took possession of Lot 4163 and made improvements, unaware of the mistake, until two years later. She and the vendors then filed for reformation of the deed. 4) The Court ruled reformation was proper because there was a meeting of minds between the parties to sell Lot

Uploaded by

Ester Laput
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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SARMING VS.

DY
383 SCRA 131, JUNE 6, 2002

FACTS:

A controversy arose regarding the sale of Lot 4163 which was half-owned by the original
defendant, Silveria Flores, although it was solely registered under her name. The other half was
originally owned by Silveria’s brother, Jose. On January 1956, the heirs of Jose entered into a
contract with plaintiff Alejandra Delfino, for the sale of their one-half share of Lot 4163 after
offering the same to their co-owner, Silveria, who declined for lack of money. Silveria did not
object to the sale of said portion to Alejandra.
Atty. Deogracias Pinili, Alejandra’s lawyer then prepared the document of sale. In the
preparation of the document however, OCT no. 4918-A, covering Lot 5734, and not the correct
title covering Lot 4163 was the one delivered to Pinili.
Unaware of the mistake committed, Alejandra immediately took possession of Lot 4163
and introduced improvements on the said lot.
Two years later, when Alejandra Delfino purchased the adjoinin portion of the lot she had
been occupying, she discovered that what was designated in the deed, Lot 5734, was the wrong
lot. Thus, Alejandra and the vendors filed for the feformation of the Deed of Sale.

ISSUE:

Whether or not reformation is proper in this case.

RULING:

The Court ruled that reformation is proper in the case at bar. Reformation is that remedy
in equity by means of which a written instrument is made or construed so as to express or inform
to the real intention of the parties.
An action for reformation of instrument under this provision of law may prosper only
upon the concurrence of the following requisites:
(1) there must have been a meeting of the minds of the parties to the contract;
(2) the instrument does not express the true intention of the parties; and
(3) the failure of the instrument to express the true intention of the parties is due
to mistake, fraud, inequitable conduct or accident.
All of these requisites are present in this case. There was a meeting of the minds between
the parties to the contract but the deed did not express the true intention ot the parties due to the
designation of the lot subject of the deed. There is no dispute as to the intention of the parties to
sell the land to Alejandra Delfino but there was a mistake as to the designation of the lot intended
to be sold as stated in the Settlement of Estate and Sale.

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