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G.R. NO. 139173 - February 28, 2007 - Sandoval-Gutierrez, J
G.R. NO. 139173 - February 28, 2007 - Sandoval-Gutierrez, J
GODOFREDO
CAGUIAT
G.R. NO. 139173 | February 28, 2007 | Sandoval-Gutierrez, J.
TOPIC- Earnest Money
DOCTRINE: Article 1482 of the Civil Code provides that "Whenever earnest
money is given in a contract of sale, it shall be considered as part of the price and
proof of the perfection of the contract." However, this article speaks of earnest
money given in a contract of sale and not in a contract to sell. When the earnest
money was given in a contract to sell, Article 1482, which speaks of a contract of
sale, does not apply. The earnest money forms part of the consideration only if the
sale is consummated upon full payment of the purchase price.
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writing by the prospective vendor, or by the vendors, as the case may be. The deed
of sale shall only be recorded in the Registry of Property when it is accompanied
by an affidavit of the vendor signifying that he has given written notice to all
possible redemptioners.
It is thus apparent that the Philippine legislature in Article 1623
deliberately selected a particular method of giving notice, and that notice must be
deemed exclusive. Notice given by the vendees and not the vendor would not toll
the running of the 30-day period.