- Petitioner
- Angel Clemeno, Jr.
- Respondent
- Romeo R. Lobregat
- Citation
- G.R. No. 137845
- Court
- Supreme Court
- Division
- Second Division
- Ponente
- Austria-Martinez, J.
- Decided
- September 9, 2004
Summary
This case involves a dispute over a verbal real estate sale agreement between relatives. Respondent Lobregat claimed he entered a contract of sale with petitioner Clemeno for property worth P270,000, made substantial payments totaling P113,049.96, and demanded specific performance. Petitioners argued it was merely a lease-purchase agreement and sought to eject respondent. The Supreme Court ruled it was an enforceable contract of sale despite being oral, as it was partially performed through possession transfer and payments. The Court distinguished between contracts of sale and contracts to sell, finding ownership had transferred upon delivery. The decision emphasized that the Statute of Frauds does not apply to partially executed contracts, and petitioners could not unilaterally change the agreed purchase price.