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TOMAS K. CHUA v. CA

This case has been cited 5 times or more.

	GR NO. 139173 2007-02-28	SPS. ONNIE SERRANO v. GODOFREDO CAGUIAT SANDOVAL-GUTIERREZ, J.
First, ownership over the property was retained by petitioners and was not to pass to respondent until full payment of the purchase price. Thus, petitioners need not push through with the sale should respondent fail to remit the balance of the purchase price before the deadline on March 23, 1990. In effect, petitioners have the right to rescind unilaterally the contract the moment respondent fails to pay within the fixed period.[18]
	GR NO. 145470 2005-12-09	SPS. LUIS V. CRUZ AND AIDA CRUZ v. SPS. ALEJANDRO FERNANDO AUSTRIA-MARTINEZ, J.
In a contract of sale, the title to the property passes to the vendee upon the delivery of the thing sold, as distinguished from a contract to sell where ownership is, by agreement, reserved in the vendor and is not to pass to the vendee until full payment of the purchase price.[8] 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sale, the vendor loses ownership over the property and cannot recover it until and unless the contract is resolved or rescinded; whereas, in a contract to sell, title is retained by the vendor until full payment of the price.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.
	GR NO. 145470 2005-12-09	SPS. LUIS V. CRUZ AND AIDA CRUZ v. SPS. ALEJANDRO FERNANDO AUSTRIA-MARTINEZ, J.
In addition, the absence of any formal deed of conveyance is a strong indication that the parties did not intend immediate transfer of ownership.[12]
	GR NO. 142411 2005-10-14	WINIFREDA URSAL v. CA AUSTRIA-MARTINEZ, J.
Indeed, in contracts to sell the obligation of the seller to sell becomes demandable only upon the happening of the suspensive condition, that is, the full payment of the purchase price by the buyer. It is only upon the existence of the contract of sale that the seller becomes obligated to transfer the ownership of the thing sold to the buyer. Prior to the existence of the contract of sale, the seller is not obligated to transfer the ownership to the buyer, even if there is a contract to sell between them. [41]
	GR No. 144934 2004-01-15	ADELFA S. RIVERA v. DEL ROSARIO QUISUMBING, J.
A careful reading of the Kasunduan reveals that it is in the nature of a contract to sell, as distinguished from a contract of sale. In a contract of sale, the title to the property passes to the vendee upon the delivery of the thing sold; while in a contract to sell, ownership is, by agreement, reserved in the vendor and is not to pass to the vendee until full payment of the purchase price.[48] In a contract to sell, the payment of the purchase price is a positive suspensive condition,[49] the failure of which is not a breach, casual or serious, but a situation that prevents the obligation of the vendor to convey title from acquiring an obligatory force.[50]