BANKING.docx

Ordinary persons such as petitioner may hold such

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ordinary persons, such as petitioner, may hold such opinions that the Unit looks small, their perception could not be ascertained until after an examination by someone equipped with peculiar skills and training to measure real property. Indeed, petitioner's suspicions were not roused until years after he had occupied the Unit and confirmed until after a certification was issued by a surveyor. Any waiver of warranties under Section 12 of the Contract to Sell could have only been concerned with the readily apparent subpar condition of the Unit. A person not equipped with technical knowledge and expertise to survey real property could not reasonably be expected to recognize deficiencies in measurement at the first instance especially if that property was of "irregular shape," "neither square nor rectangle," and having a "circular terrace." 59 IV Contrary to the Court of Appeals' assertion, Article 1542 of the Civil Code does not bar the voiding of the Contract to Sell. Article 1542 of the Civil Code states: Article 1542. In the sale of real estate, made for a lump sum and not at the rate of a certain sum for a unit of measure or number, there shall be no increase or decrease of the price, although there be a greater or less area or number than that stated in the contract. The same rule shall be applied when two or more immovables are sold for a single price; but if, besides mentioning the boundaries, which is indispensable in every conveyance of real estate, its area or number should be designated in the contract, the vendor shall be bound to deliver all that is included within said boundaries, even when it exceeds the area or number specified
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in the contract; and, should he not be able to do so, he shall suffer a reduction in the price, in proportion to what is lacking in the area or number, unless the contract is rescinded because the vendee does not accede to the failure to deliver what has been stipulated. (Emphasis supplied.) Article 1542 has nothing to do with annulling fraudulently made sales. What it is concerned with is the proportionate reduction of the purchase price in relation to the measurable units of the thing sold. Petitioner does not seek a reduction of the purchase price. He seeks judicial relief to have the entirety of his purchase annulled, his consent having been fraudulently obtained. By filing an action under Article 1390 of the Civil Code, petitioner declared that his consent to the entire subject matter of the contract was vitiated. What suffices as relief is the complete annulment of the sale, not the partial reimbursement upon which Article 1542 is premised. Likewise, Article 1542 does not contemplate the seller's delivery to the buyer of things other than the agreed object of the sale. While it is true that petitioner did not buy the unit on a per- square-meter basis, it remains that what he bought was a condominium unit. A condominium unit's bounds are reckoned by "the interior surfaces of [its] perimeter walls, floors, ceilings, windows and doors." 60 It excludes common areas. Thus, when petitioner agreed to purchase
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