Vous êtes sur la page 1sur 1

Eulogio vs. Apeles (576 SCRA 561)

FACTS: The spouses Apeles leased the property, a house and lot situated in Quezon City, to Enrico Eulogio after his father's death and he succeeded as lessor of the said property. Eulogio and the spouses Apeles later entered into a Contract of Lease with Option to Purchase which afforeded Eulogio the option of purchasing the property for a price not exceeding P1.5 million, on or before the expiration of the 3 year lease period. Before the expiration of the lease period Eulogio tried to purchase the property by communicating with Luz Apeles but the spouses ignored him. Eugolio then filed an action which is founded on the contract allowing him to acquire ownership of the property after paying the agreed amount.

ISSUE: Whether or not Eugolio has the right to acquire ownership of the property.

HELD: No. According to the contract the option is not of itself a purchase but merely secures a priviledge to buy. According to article 1479 of the Civil Code, 'an accepted unilateral promise to buy or to sell a determinate thing for a price certain is binding upon the prommisor if the promise is supported by a consideration from the price'. In the case of Eulogio, no consideration was given by him to the spouses for the option of the contract.