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Nicolas P. Diego Vs. Rodolfo P. Diego and Eduardo P. Diego

NICOLAS P. DIEGO, Petitioner, vs. RODOLFO P. DIEGO and EDUARDO P. DIEGO, Respondents.

G.R. No. 179965 | 2013-02-20



SECOND DIVISION

D E C I S I O N

DEL CASTILLO, J.:

It is settled jurisprudence, to the point of being elementary, that an agreement which stipulates that the seller shall execute a deed of sale only upon or after tl1ll payment of the purchase price is a contract to sell, not a contract of sale. In Reyes v. Tuparan, 1 this Court declared in categorical terms that "[w]here the vendor promises to execute a deed of absolute sale upon the completion by the vendee of the payment of the price, the contract is only a contract to sell. The aforecited stipulation shows that the vendors reserved title to the subject property until full payment of the...