Title
Salazar vs. Court of Appeals
Case
G.R. No. 118203
Decision Date
Jul 5, 1996
A contract to sell was deemed unenforceable as buyer failed to pay the agreed amount, preventing transfer of property ownership.

Case Summary (G.R. No. 118203)

Background of the Property Transaction

Dr. Emilio A. Salazar owned two parcels of land covered by Transfer Certificates of Title Nos. 31038 and 31039. He initiated discussions to sell these properties to Jonette Borres for a total consideration of One Million Pesos (₱1,000,000.00). The negotiation began with the proposal for payment to be made within a three-month period, which was subsequently reduced to one month. Despite several meetings and discussions about the sale, particularly around payment methods and timings, Borres ultimately did not fulfill her obligation to secure the down payment as agreed upon by the specified date, leading to contention regarding the nature and validity of the contract.

Trial Court's Decision

The trial court concluded that the Deed of Absolute Sale was, in fact, a contract to sell due to the conditions imposed by Salazar. It highlighted that since Borres failed to make the requisite down payment by the agreed date, her action for specific performance could not succeed, resulting in the dismissal of her complaint. The court ordered Borres to pay Salazar ₱5,000.00 each for attorney's fees and litigation expenses.

Court of Appeals Ruling

Upon appeal, the Court of Appeals reversed the trial court's ruling, declaring the Deed of Absolute Sale to be a perfected contract of sale. The appellate court found no evidence of reservation of title or a stipulation allowing Salazar to unilaterally rescind the contract upon Borres’ failure to pay. They opined that the existence of the contract was affirmed by the signed documents and that Borres was prepared to pay the down payment, which was substantiated by her possession of a check exceeding the purchase price.

Determining the Nature of the Agreement

The distinction between a contract of sale and a contract to sell is critical in understanding the legal framework applied to this case. In a contract of sale, the title to the property transfers immediately upon delivery, whereas in a contract to sell, the vendor retains ownership until full payment of the purchase price is made. The court’s analysis leaned on the intentions of the parties, seeking evidence that supported Salazar's intent to retain title until the full amount was satisfied.

Basis of the Ruling

The ruling emphasized that a mere execution of the Deed of Absolute Sale does not in itself transfer ownership given the suspensive conditions attached. The Court of Appeals considered Salazar's reluctance to sign the Deed and the conditions posed as indications that the transaction would not be completed until Borres had complied fully with her obligations. Additionally, it was noted that Borres’ failure to pay on the due date meant that no right was conferred that would compel Salazar to deliver the property.

Reversal of the Court of Appeals' Decision

The Supreme Court ultimately upheld the trial court's ruling.

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