BSBA II – FM

In my opinion I agreed in the result. The legal provision applicable is article 1504 stated:

"ART. 1504. In the sale of real estate, even if it had been stipulated that due to non-payment of
the price in the agreed time In place of full right the resolution of the contract, the buyer may
pay, even after the expiration of the term, interim has not been required judicially or by notarial
act. Once the request is made, the Judge may not grant a new term.”

Plaintiff-appellee and defendant-appellant had the contractual agreement of seller and purchaser,
respectively. For the following reasons, there was a perfected agreement of purchase and sale,
rather than a mere option to reacquire the two estates in question, for the reason of the
redemption period had expired, a final judgment of conveyance had been performed, and a new
certificate of title was already issued in Plaintiff-Appellee's favor.

However, whether the agreement herein was a perfected sale or a mere option to reacquire,
Defendant-Appellant has revoked his contractual rights under article 1504 because, before
defendant-appellant could perform payment of the purchase price, plaintiff-appellee had already
rescinded the contract by suing defendant-appellant for the restoration of these estates. Article
1504 refers to this as a judicial demand. The demand mentioned in this article, according to
Manresa, is "rather than an authentic notification that the seller chooses to terminate the
contract."

According to this case, the court system could no longer grant the defendant-appellant a new
period for payment because the plaintiff-appellee has already preferred to rescind the sale by
bringing the action to recover the lands. In fact, plaintiff-appellee has been extremely patient
with defendant-appellant, waiting approximately 4 years after the first contract term. After much
deliberation, he finally began judicial proceedings to retrieve the estates.

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