FLORENDO v. FOZ 20 Phil 388


Eustaquio P. Foz executed in Manila a contract, ratified before a notary, obligating himself to deliver his house and lot for a consideration of P6,000 to Jose Florendo. The latter already paid P2,000 of the purchase prize. In the contract, plaintiff fixed the period of the payment of the prize wherein plaintiff has to pay the remainder of the prize when he goes to Vigan or if not to pay to the Church wherein he has a debt and to obtain the title of the subject matter of the sale. Defendant went to Vigan, plaintiff tendered payment of the remainder of the prize, however, the former refused, saying that the true prize of the sale recorded in the other instrument was P10,000. As defendant refused payment, plaintiff filed a suit to comply with the contract of absolute purchase and sale, by delivering to the plaintiff the property sold.


Whether or not the plaintiff can compel the defendant to deliver his property pursuant to the notarized contract.


Yes. The contract is valid and effective. From the validity and force of the contract is derived the obligation on the part of the vendor to deliver the thing sold. Pursuant to the contract, it can’t be found that the payment of the prize is a precondition for the delivery of the thing. There was no need, therefore, of assent on the part of the plaintiff to pay the P4,000, the remainder of the price, in order to oblige the defendant unconditionally to deliver the property sold. With still more reason should the defendant be compelled to effect the material delivery of the property, since, after the lapse of the period for the delivery of the price, the plaintiff hastened to pay it and, on account of the defendant’s refusal to receive it, duly deposited it, in order to avoid the consequences that might issue from delinquency in the payment of a sum entrusted to him for a fixed period.

It is the material delivery of the property sold which the defendant must make in compliance with the contract, inasmuch as the formal delivery de jure was made, according to the provisions of article 1462, 2nd paragraph, of the same code.

Digest Credit: Lowell Vinluan


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