HEIRS OF AUGUSTO L. SALAS,
JR vs, LAPERAL REALTY CORPORATION, et al
RULING:
The Court granted the petition by petitioners
regarding the dismissal of the latter’s complaint for rescission of several
sale transactions.
The court held that rescission is an
arbitrable issue, thus arbitration was necessary before a suit could be filed
in court. The Court likewise held that the respondents other than Laperal
Realty Corporation were not bound by the Agreement (Owner-Contractor Agreement),
the respondent lot buyers not being those contemplated as assignees of the
rights of respondent Laperal Realty. The
respondent lot buyers where therefore not vested with the right to arbitrate.
However, to impose that arbitration be had between petitioners and Laperal
Realty and a trial for respondent lot buyers would result in multiplicity of
suits, duplicitous procedure and unnecessary delay.
The Court therefore set aside the
dismissal of the petitioner’s complaint and directed that the case proceed in
the interest of justice.
