Via is the registered owner of a parcel of land who entered

In a letter, Moira informed Via that she was backing out from the sale agreed upon because there are tenants who are not willing to vacate the land without giving them back the amount they mortgaged the land.

Moira demanded refund of her P185,000.00 down payment; however, it was unheeded.

On January 28, 2002, Moira filed a complaint for rescission of contract against Via. In the said complaint, Moira sought the return of the P185,000.00 which she paid to Via.

IS THE FAILURE OF VIA TO DELIVER TO MOIRA BOTH PHYSICAL POSSESSION OF THE SUBJECT PROPERTY AND THE CERTIFICATE OF TITLE CONSTITUTES A VALID CAUSE TO RESCIND THE AGREEMENT AND DEED OF SALE ENTERED INTO BY THE PARTIES