7/23/2019 Dignos v CA

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Dignos v. CA

Facts: The Dignos spouses owned a parcel of land, which was sold to plaintiff-appellant Jabil for the sum of P28,000 payable in two installments.

eanwhile,the Dignos spouses sold the same land to !abigasspouses. "s the Dignosspouses refused to accept the secondpayment and upon disco#ery of thesecond sale, Jabil brought thissuit.Petitioners contend that the Deed of $ale is a mere contract to sell andnot anabsolute sale% that the same is sub&ect to two positi#econditions. 't isfurthercontended that in said contract , t i t le or ownership o#erth e pr op er ty wase(pressly reser#ed in the #endor untilthe suspensi#e condition of full andpunctual payment of thebalance of the purchase price shall ha#e been met. Thus, there is no

actual sale until full payment is made.Issue) *+ the contract is a Deed of "bsolute $ale or a !ontract to $ell.

Ruling) The contract is a Deed of "bsolute $ale. " Deed of $ale is absoluteinnature although denominated as a Deed of !onditional $ale wherenowhere inthe contract in /uestion is a pro#iso or stipulation to the effectthat title to theproperty sold is reser#ed in the #endor until full payment ofthe purchase price,nor is there a stipulation gi#ing the #endor the right to

unilaterally rescind thecontract the moment the #endee fails to pay withina fi(ed period