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Spouses Tumibay vs. Spouses Melvin Lopez and Rowena Visitacion

SPOUSES DELFIN 0. TUMIBA Y and AURORA T. TUMIBAY-deceased; GRACE JULIE ANN TUMIBA Y MANUEL, legal representative, Petitioners, vs. SPOUSES MELVIN A. LOPEZ and ROWENA GAY T. VISITACION LOPEZ, Promulgated: Respondents.

G.R. No. 171692 | 2013-06-03

SECOND DIVISION
DECISION
 
DEL CASTILLO, J.:
 
In  a contract to sell, the seller retains  ownership  of the  property until  the buyer  has  paid  the  price  in  full.  A  -buyer  who  covertly  usurps  the  seller's ownership of the property prior to the full payment of the price is in breach of the contract and the seller is entitled to rescission because the breach is substantial and fundamental as it defeats the very object of the parties in entering into the contract to sell.
 
This Petition for Review on Certiorari 1 assails the...