This case has been cited 2 times or more.
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2008-08-20 |
CHICO-NAZARIO, J. |
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| The distinction between a contract of sale and a contract to sell is well-settled. In a contract of sale, the title to the property passes to the vendee upon the delivery of the thing sold; in a contract to sell, ownership is, by agreement, reserved to the vendor and is not to pass to the vendee until full payment of the purchase price. Otherwise stated, in a contract of sale, the vendor loses ownership over the property and cannot recover it until and unless the contract is resolved or rescinded; whereas, in a contract to sell, title is retained by the vendor until full payment of the price. In the latter contract, payment of the price is a positive suspensive condition, failure of which is not a breach but an event that prevents the obligation of the vendor to convey title from becoming effective.[36] | |||||
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2007-12-10 |
SANDOVAL-GUTIERREZ, J. |
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| We remind petitioner Lincoln Continental that what it filed with this Court is a petition for review on certiorari under Rule 45 of the 1997 Rules of Civil Procedure, as amended. It is a rule in this jurisdiction that in petitions for review under Rule 45, only questions or errors of law may be raised.[21] There is a question of law when the doubt or controversy concerns the correct application of law or jurisprudence to a certain set of facts, or when the issue does not call for an examination of the probative value of the evidence presented. There is a question of fact when the doubt arises as to the truth or falsehood of facts or when there is a need to calibrate the whole evidence considering mainly the credibility of the witnesses, the existence and relevancy of specific surrounding circumstances, as well as their relation to each other and to the whole, and the probability of the situation. [22] Obviously, the issue raised by the instant petition for review on certiorari, involves a factual matter, hence, is outside the domain of this Court. However, in the interest of justice and in order to settle this controversy once and for all, a ruling from this Court is imperative. | |||||