The City of Cebu v. Heirs of Candido Rubi

Summary

This case involved a dispute over a land sale between City of Cebu and the heirs of Candido Rubi regarding Lot 1141-D. Rubi was awarded the lot in 1976 for P103,318.00 but failed to pay within the stipulated period, requesting extension due to circumstances beyond his control. He died in 1983 without full payment. His heirs filed for specific performance in 1989, tendering full payment. The Supreme Court affirmed the Court of Appeals, ruling there was a perfected contract of sale under the Civil Code. The Court emphasized that under Article 1592, a vendee may pay even after the stipulated period unless the vendor makes a judicial or notarial demand for rescission, which the City failed to do. The decision clarified the distinction between contracts of sale and contracts to sell, and established that correspondence between parties can satisfy statute of frauds requirements for real property transactions.