SALE BY INSTALLMENT

In a contract to sell real property on installments, the full payment of the

purchse price is a positive suspensive condition, the failure of which is not
considered a breach, casual or serious, but simply an event that prevented
the obligation of the vendor to convey title from acquiring any obligatory
force. The transfer of ownership and title would occur after full payment of
the price. (Carmelita Leano vs. Court of Appeals, et.al., G.R. No. 129018,
November 15, 2001)

Non-payment of the instalments due would bring into effect the provision of
the contract on cancellation. (Carmelita Leano vs. Court of Appeals,
et.al., G.R. No. 129018, November 15, 2001)

Any attempt to cancel the contract to sell would have to comply with
provisions of RA 6552, the Realty Installment Buyer Protection Act.

Section 3 (b) of RA 6552 provides that:

“If the contract is cancelled, the seller shall refund to the buyer the cash
surrender value of the payments on the property equivalent to fifty percent
of the total payments made and, after five years of installments, an
additional five percent every year but not to exceed ninety percent of the
total payments made; Provided, That the actual cancellation of the contract
shall take place after thirty days from receipt by the buyer of the notice of
cancellation or the demand for rescission of the contract by a notarial act and
upon full payment of the cash surrender value to the buyer.”

Article 1169 of the NCC provides that in reciprocal obligations, neither

party incurs in delay if the other does not comply or is not ready to comply
in a proper manner with what is incumbent upon him. From the moment one
of the pareties fulfills his obligations, delay by the other begins.