This case has been cited 7 times or more.
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2016-01-20 |
JARDELEZA, J. |
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| According to the CA, consignation should not be considered a requisite element for the repurchase of homestead or free patent lots, citing Adelfa Properties, Inc. v. Court of Appeals,[16] wherein this Court held that consignation is not necessary in a sale with right of repurchase because it involves "an exercise of a right or privilege ... rather than the discharge of an obligation, hence tender of payment would be sufficient to preserve [a] right or [a] privilege."[17] | |||||
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2013-10-09 |
PERALTA, J. |
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| This is understood to be without prejudice to the rights of third persons who have acquired the thing, in accordance with Articles 1385 and 1388 and the Mortgage Law.[5] | |||||
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2007-01-24 |
AZCUNA, J. |
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| Nothing in the contract "prevents the obligation of the vendor to convey title from becoming effective"[24] or gives "the vendor the right to unilaterally resolve the contract the moment the buyer fails to pay within a fixed period."[25] Petitioners themselves have failed to deliver their individual certificates of title, for which reason it is obvious that respondent cannot be expected to pay the stipulated taxes, fees, and expenses. | |||||
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2006-01-25 |
CARPIO MORALES, J. |
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| The claim-advice of petitioner notwithstanding, respondents were mum about it. Such silence suggests an admission of the veracity and validity of petitioner's claim.[29] | |||||
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2005-10-14 |
CARPIO, J. |
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| Article 1458 of the Civil Code provides that a contract of sale may be absolute or conditional. A contract of sale is absolute when title to the property passes to the vendee upon delivery of the thing sold.[10] A deed of sale is absolute when there is no stipulation in the contract that title to the property remains with the seller until full payment of the purchase price.[11] The sale is also absolute if there is no stipulation giving the vendor the right to cancel unilaterally the contract the moment the vendee fails to pay within a fixed period.[12] In a conditional sale, as in a contract to sell, ownership remains with the vendor and does not pass to the vendee until full payment of the purchase price.[13] The full payment of the purchase price partakes of a suspensive condition, and non-fulfillment of the condition prevents the obligation to sell from arising.[14] | |||||
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2005-06-08 |
TINGA, J. |
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| On this score, even assuming that the agreement was a contract of sale, respondents may not be compelled to deliver the property and execute the deed of absolute sale. In cases such as the one before us, which involve the performance of an obligation and not merely the exercise of a privilege or right, payment may be effected not by mere tender alone but by both tender and consignation. The rule is different in cases which involve an exercise of a right or privilege, such as in an option contract, legal redemption or sale with right to repurchase, wherein mere tender of payment would be sufficient to preserve the right or privilege.[20] Hence, absent a valid tender of payment and consignation, petitioners are deemed to have failed to discharge their obligation to pay. | |||||
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2001-04-20 |
BELLOSILLO, J. |
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| An option, as used in the law of sales, is a continuing offer or contract by which the owner stipulates with another that the latter shall have the right to buy the property at a fixed price within a time certain, or under, or in compliance with, certain terms and conditions, or which gives to the owner of the property the right to sell or demand a sale. It is also sometimes called an "unaccepted offer." An option is not of itself a purchase, but merely secures the privilege to buy.[8] It is not a sale of property but a sale of the right to purchase.[9] It is simply a contract by which the owner of property agrees with another person that he shall have the right to buy his property at a fixed price within a certain time. He does not sell his land; he does not then agree to sell it; but he does sell something, i.e., the right or privilege to buy at the election or option of the other party.[10] Its distinguishing characteristic is that it imposes no binding obligation on the person holding the option, aside from the consideration for the offer. Until acceptance, it is not, properly speaking, a contract, and does not vest, transfer, or agree to transfer, any title to, or any interest or right in the subject matter, but is merely a contract by which the owner of the property gives the optionee the right or privilege of accepting the offer and buying the property on certain terms.[11] On the other hand, a contract, like a contract to sell, involves the meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service.[12] Contracts, in general, are perfected by mere consent,[13] which is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract. The offer must be certain and the acceptance absolute.[14] The Receipt[15] that contains the contract between petitioner and respondent spouses provides - | |||||