No. L-46892. September 30, 1981.
MAIN TOPIC – Rule 35
FACTS
A complaint for specific performance and damages was filed by Amparo del Rosario for failure of Spouses Santos to execute the Deed of Confirmation of Sale of an undivided 20,000 square meters of land. The defendants filed a motion to dismiss on the ground of lack of jurisdiction, lack of cause of action and prescription. They also claimed the deed of sale was “only an accommodation graciously extended, out of close friendship which is a mere tentative agreement which was never intended nor meant to be ratified by and acknowledged before a notary public.