Petitioner
Roman Catholic Bishop of Malolos
Respondent
Intermediate Appellate Court
Citation
G.R. No. 72110
Court
Supreme Court
Division
Second Division
Ponente
Sarmiento, J.
Decided
November 16, 1990

Summary

This case involves a land sale contract dispute where the buyer failed to pay within the stipulated 4-year period and was granted a 5-day grace period. The buyer claimed to have tendered payment via certified personal check on the last day, which the seller allegedly refused. The trial court found no credible evidence of valid tender and cancelled the contract. The Court of Appeals reversed, concluding that proof of sufficient funds established tender of payment. The Supreme Court reversed the appellate court, holding that financial capacity alone does not prove actual tender of payment, and that a certified personal check does not constitute valid tender under the Civil Code since it is not legal tender. The contract was validly cancelled with forfeiture of previous payments.

Statutes applied

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By the Intellegal Editorial Board · November 16, 1990

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