Petitioner
People'S Industrial
Respondent
Court of Appeals
Citation
G.R. No. 112733
Court
Supreme Court
Division
Third Division
Ponente
Romero, J.
Decided
October 24, 1997

Summary

This Supreme Court case involves the automatic cancellation of contracts to sell subdivision lots due to buyer's failure to pay installments. People's Industrial and Commercial Corporation purchased six lots from Mar-ick Investment Corporation in 1961 under contracts containing automatic cancellation clauses. After paying only the down payment and eight installments over ten years, the contracts were cancelled in 1971. Despite attempts to negotiate a new contract in 1983, no agreement was perfected due to disagreement on material terms and buyer's continued non-payment. The Court affirmed that the original contracts were validly cancelled, that subsequent negotiations did not create a binding contract, and that the seller was entitled to recover possession and collect rentals. The decision establishes important precedents regarding the distinction between contracts to sell versus contracts of sale, the effectiveness of automatic cancellation clauses, and the requirements for contract perfection under Philippine law.

Statutes applied

Related cases

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By Intellegal Editorial Board · October 24, 1997

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