This case has been cited 3 times or more.
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2014-11-19 |
LEONEN, J. |
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| In Manuel, this court categorically stated that Article 1592 "does not apply to a contract to sell or promise to sell, where title remains with the vendor until fulfillment to a positive suspensive condition, such as full payment of the price."[98] This court upheld that the contract to sell was validly cancelled through the non-payment of Eusebio Manuel. The same conclusion applies in this case. | |||||
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2013-06-03 |
DEL CASTILLO, J. |
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| We are, thus, inclined to rule that there was, indeed, a contractual agreement between the parties for the purchase of the subject land and that this agreement partook of an oral contract to sell for the sum of P800,000.00. A contract to sell has been defined as "a bilateral contract whereby the prospective seller, while expressly reserving the ownership of the subject property despite delivery thereof to the prospective buyer, binds himself to sell the said property exclusively to the prospective buyer upon fulfillment of the condition agreed upon, that is, full payment of the purchase price."[25] In a contract to sell, "ownership is retained by the seller and is not to pass until the full payment of the price x x x."[26] It is "commonly entered into so as to protect the seller against a buyer who intends to buy the property in installment[s] by withholding ownership over the property until the buyer effects full payment therefor."[27] | |||||
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2001-11-15 |
PARDO, J. |
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| Finally, the ownership of the lot was not transferred to Carmelita Leaño. As the land is covered by a torrens title, the act of registration of the deed of sale was the operative act that could transfer ownership over the lot.[31] There is not even a deed that could be registered since the contract provides that the seller will execute such a deed "upon complete payment by the VENDEE of the total purchase price of the property" with the stipulated interest.[32] | |||||