Ang Yu Asuncion, Arthur Go, and Keh Tiong, petitioners, are lessees of
residential and commercial spaces owned by respondent Bobby and Rose Cu
Unjieng located in Binondo, Manila. Before October 9, 1986, the lessors
informed the petitioners that they are offering to sell the premises and
considering that they have been renting it since 1935, they are being given
the priority to acquire the same. Cu Unjieng offered a price of 6M while Ang
Yu made a counter offer of 5M. Petitioners wrote to the lessors asking the
latter to specify the terms and conditions of the offer to sell but they
received no reply. The petitioners then came to the knowledge that the
property is about to be sold to another party. They then filed a complaint
compelling the lessor to sell the property to them. Defendants filed their
answer denying the material allegations of the complaint and interposing a
special defense of lack of cause of action. While the case was still pending,
the respondents executed a Deed of Sale transferring the property to Buen
Realty and Development Corporation.
Felisa Azul is the owner of a land in Legaspi City, Albay. Petitioner Rustico Adile is
her child in her first marriage while respondents are her children with her second
marriage. During her lifetime, Felisa sold the property in pacto de retro with a three-
year repurchase period. However, she died before she could repurchase the land.
Adile repurchased the property and executed a deed of extra-judicial partition with
his claim that he alone is the heir of Felisa. Respondents filed a case for partition
claiming that Adile cannot claim exclusive ownership of the entire property
considering that he is only a co-owner.
YES. Adile had acted as a negotiorum gestor when he repurchased the property in
behalf of his co-owners or co-heirs. Under Art. 2144 of the Civil Code, whoever
voluntarily takes charge of the agency or management of the business or property
of another without any power from the latter, is obliged to continue the same until
the termination of the affair and its incidents, or to require the person concerned to
substitute him, if the owner is in a position to do so. However, petitioner is guilty of
fraud. As provided for in Art. 1456, if property is acquired through mistake or fraud,
the person obtaining it is, by force of law, considered a trustee of an implied trust
for the benefit of the person from whom the property comes.