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 Summary (G.R. No. 139173)

Procedural Posture and Courts Below

Respondent filed a complaint for specific performance and damages in the Regional Trial Court (RTC), Branch 63, Makati City (Civil Case No. 90-1067). The RTC rendered judgment in favor of respondent on June 27, 1994, finding a perfected contract of sale and ordering execution of a final deed. The Court of Appeals (CA) affirmed that judgment in a decision dated January 29, 1999 and denied reconsideration by resolution dated July 14, 1999. Petitioners filed a petition for review on certiorari under Rule 45 of the 1997 Rules of Civil Procedure with the Supreme Court.

Key Dates and Procedural Chronology

  • March 19, 1990: Receipt for Partial Payment executed by petitioners acknowledging P100,000 partial payment and stating balance to be paid on or before March 23, 1990 with execution of final deed on that date.
  • March 28, 1990: Respondent, through counsel, notified petitioners of readiness to pay the balance and requested preparation of the final deed.
  • April 4 and April 6, 1990: Petitioners, through counsel, informed respondent of cancellation and delivered a bank manager’s check refunding the P100,000.
  • June 27, 1994: RTC decision ordering specific performance for respondent.
  • January 29, 1999; July 14, 1999: CA decision and denial of reconsideration.
  • February 28, 2007: Supreme Court decision reversing the CA and dismissing respondent’s complaint. Applicable constitutional framework: 1987 Philippine Constitution (decision date is after 1990).

Legal Issue Presented

Whether the March 19, 1990 “Receipt for Partial Payment” constituted a perfected contract of sale (where ownership passes) or a contract to sell/conditional sale (where transfer of ownership is suspended until full payment), thereby determining whether respondent could compel specific performance.

Applicable Law and Precedent

  • Civil Code provisions relied upon: Article 1458 (definition of contract of sale), Article 1475 (perfection of sale upon meeting of minds on object and price), and Article 1482 (earnest money as part of price and proof of perfection, expressly referring to a contract of sale).
  • Stages of a sale: negotiation, perfection (meeting of minds as to object and price), and consummation (performance and transfer). The Court referenced jurisprudence including San Miguel Properties v. Spouses Huang and earlier cases distinguishing contract of sale from contract to sell (e.g., Sing Yee v. Santos).

Trial Court and Court of Appeals Reasoning

Both the RTC and the CA concluded that the contract was perfected as a contract of sale. Their primary basis was that respondent’s payment of P100,000 constituted earnest money demonstrating the perfection of the contract under Article 1482. They also relied on correspondence showing respondent’s readiness to pay the balance and the alleged failure by petitioners to perform on the agreed date.

Supreme Court’s Interpretation of the Receipt and Contract Nature

The Supreme Court applied the canon of contract interpretation — give words their natural and ordinary meaning unless a technical meaning was clearly intended — and closely examined the receipt’s language. The Court found that the receipt expressly characterized the payment as a “partial payment” and stated 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.” The ordinary reading of that language, the Court held, indicated a conditional arrangement: ownership was to pass only upon full payment and execution of the final deed, making the document a contract to sell rather than a contract of sale.

Factors Supporting Classification as a Contract to Sell

The Supreme Court identified several objective indicia, taken from the record, that supported the conclusion of a contract to sell:

  • Retention of title: Petitioners retained possession of the certificate of title, a sign that ownership was not intended to transfer immediately.
  • Absence of a formal deed of conveyance: No executed deed transferring ownership existed, consistent with an agreement conditioned on future full payment.
  • Express conditional language in the receipt: The parties expressly tied transfer and execution of the deed to the payment of the balance by a specified date.
    Taken together, these factors supported the characterization of the transaction as a contract to sell (a sale subject to a suspensive condition — full payment).

On the Role of Earnest Money and Article 1482

The Supreme Court carefully distinguished the legal effect of earnest money when given in a contract of sale versus when given in a contract to sell. Article 1482’s statement that earnest money is “part of the price and as proof of the perfection of the contract” applies to transactions that are already contracts of sale. Where the parties’ agreement is instead a contract to sell, the earnest money does not, by itself, convert the nature of the agreement into a contract of sale; the suspensive condition (full payment) must still occur to effect tr

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