Lino R. Topacio v. Hon. Court of Appeals

Summary

This case involved a dispute over whether Lino R. Topacio and BPI Investment Corp. had entered into a perfected contract of sale for real property. Topacio paid P375,000 as downpayment for a P1,250,000 property but failed to pay the balance despite extensions. BPI attempted to rescind by returning the downpayment, which Topacio refused. The Supreme Court held that the accepted downpayment constituted earnest money creating a perfected contract of sale under the Civil Code. BPI's attempted rescission was invalid as it failed to comply with the legal requirements for notarial or judicial rescission under Article 1592. The decision established important precedent on the distinction between contracts of sale and contracts to sell, and the requirements for valid rescission of real estate sales contracts.