SANCHEZ VS RIGOS

FACTS: Nicolas Sanchez and Severina Rigos executed an instrument entitled "Option to Purchase,"
whereby Mrs Rigos agreed, promised and committed to sell to Sanchez a parcel o! land within two
"#$ years !rom said date with the understanding that said option shall be deemed terminated and
elapsed i! Sanchez shall !ail to exercise his right to buy the property within the stipulated period
%nasmuch as several tenders o! payment made by Sanchez within said period, were re&ected by Mrs
Rigos, on March '#, '()*, the !ormer deposited said amount with the +ourt o! ,irst %nstance o!
Nueva -ci&a and commenced against the latter the present action, !or speci!ic per!ormance and
damages Rigos contended that the contract between them was only a unilateral promise to sell, and
the same being unsupported by any valuable consideration, by !orce o! the New +ivil +ode, is null
and void Sanchez alleged in his compliant that, by virtue o! the option under consideration,
"de!endant agreed and committed to sell" and "the plainti!! agreed and committed to buy" the land
described in the option .he lower court rendered &udgment in !avor o! Sanchez and ordered Rigos to
accept the sum Sanchez &udicially consigned, and to execute in his !avor the re/uisite deed o!
conveyance
ISSUE: 0hether there was a contract to buy and sell between the parties or only a unilateral promise
to sell
HELD: .he Supreme +ourt a!!irmed the lower court1s decision
.he instrument executed in '()' is not a "contract to buy and sell," but merely granted S2N+3-4
an option to buy, as indicated by its own title "Option to Purchase" .he option did not impose upon
Sanchez the obligation to purchase Rigos5 property Rigos "agreed, promised and committed" hersel!
to sell the land to Sanchez, but there is nothing in the contract to indicate that her a!orementioned
agreement, promise and underta6ing is supported by a consideration "distinct !rom the price"
stipulated !or the sale o! the land
2rticle '78( re!ers to "an accepted unilateral promise to buy or to sell" Since there may be no valid
contract without a cause or consideration, the promisor is not bound by his promise and may,
accordingly, withdraw it Pending notice o! its withdrawal, his accepted promise parta6es, however,
o! the nature o! an o!!er to sell which, i! accepted, results in a per!ected contract o! sale