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Racelis vs. Spouses Javier

VICTORIA N. RACELIS, IN HER CAPACITY AS ADMINISTRATOR, PETITIONER, V. SPOUSES GERMIL JAVIER AND REBECCA JAVIER, RESPONDENTS.

G.R. No. 189609 | 2018-01-29

D E C I S I O N
 
LEONEN, J.:
 
Lessees are entitled to suspend the payment of rent under Article 1658 of the Civil Code if their legal possession is disturbed. Acts of physical disturbance that do not affect legal possession is beyond the scope of this rule.
 
In a contract to sell, the payment of earnest money represents the seller's opportunity cost of holding in abeyance the search for other buyers or better deals. Absent proof of a clear agreement to the contrary, it should be forfeited if the sale does not happen without the seller's fault. The potential buyer bears the burden of proving that the earnest money was...