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CONTRACTS
CASES
Facts:
1. The
Atienzas
own
a
registered
agricultural land at Valle Cruz, Cabanatuan
City.
2. On August 12, 2002, the Atienzas entered
into a contract to sale with Domingo Espidol.
3. Both agreed to sell the land for a total of
Php 2,854,670.00, which is payable in three
months.
Issue:
Whether the Atienzas are still bound to
comply with their obligation to sell the
property to Espidol despite his failure to
pay the second instalment.
Ruling: NO.
1.In view of Espidols failure to pay
the second installment on a day
certain fixed in their agreement,
the Atienzas can afterwards validly
cancel and ignore the contract to
sell.
2. The parties stood as if the
conditional obligation had never
existed
since
the
suspensive
condition did not arise.
Issue:
Whether the agreement is a
contract to sell and not a contract of
sale.
Ruling: YES.
1. The subject Deed of Conditional Sale
with Assumption of Mortgage entered into
by and among the two parties and FSL
Bank on November 26, 1990 is a contract
to sell and not a contract of sale.
2. The title and ownership of the subject
properties remains with Reyes until
Tuparan fully pays the balance of the
purchase
price
and
the
assumed
mortgage obligation.
Issue:
Whether there was a perfected
contract of sale.
Ruling: NO.
1. A contract is what the law defines it to
be, taking into consideration its essential
elements, and not what the contracting
parties call it.
2. Article 1458 expressly obliges the vendor
to transfer ownership of the thing sold as
an essential element of a contract of sale.
This is because the transfer of ownership in
exchange for a price paid or promised is
the very essence of a contract of sale.
Issues:
1.Whether the
coupled
with
precedent.
donation was
a
condition
Ruling:
1. NO.