Title
Spouses Serrano vs. Caguiat
Case
G.R. No. 139173
Decision Date
Feb 28, 2007
Petitioners canceled a land sale after respondent failed to pay the balance by the agreed date. SC ruled the agreement was a contract to sell, not a sale, allowing cancellation due to non-payment.

Case Digest (G.R. No. 139173)

Facts:

This is Spouses Onnie Serrano and Amparo Herrera v. Godofredo Caguiat, G.R. No. 139173, February 28, 2007, First Division, Sandoval‑Gutierrez, J., writing for the Court. The petition is a Rule 45 petition for review on certiorari assailing the Court of Appeals Decision dated January 29, 1999 and its Resolution dated July 14, 1999 in CA‑G.R. CV No. 48824.

Petitioners Spouses Onnie Serrano and Amparo Herrera were registered owners of a lot in Las Piñas covered by TCT No. T‑9905. In March 1990 respondent Godofredo Caguiat offered to buy the lot; the parties agreed on a sale price of P1,500.00 per square meter. On March 19, 1990 respondent paid P100,000.00 to petitioners, who issued a document titled “Receipt for Partial Payment” stating that respondent “promised to pay the balance of the purchase price on or before March 23, 1990, and that we will execute and sign the final deed of sale on this date.”

Respondent, through counsel, advised his readiness to pay the balance on March 28, 1990. Petitioners, however, wrote on April 4, 1990 that Amparo Herrera was leaving abroad and that they were canceling the transaction, and on April 6, 1990 delivered to respondent’s counsel a P100,000.00 manager’s check payable to him.

Respondent sued petitioners for specific performance and damages in the Regional Trial Court, Branch 63, Makati City (Civil Case No. 90‑1067). On June 27, 1994 the trial court found a perfected contract of sale and ordered petitioners to execute a final deed of sale. The Court of Appeals affirmed that judgment in its Jan...(Pro-only)

Issues:

  • Should the Supreme Court disturb the factual findings of the trial court and the Court of Appeals that there was a perfected contract of sale?
  • Does the document entitled “Receipt for Partial Payment” constitute a perfected contract of sale or a ...(Pro-only)

Ruling:

  • (Pro-only)

Ratio:

  • (Pro-only)

Doctrine:

  • (Pro-only)

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