Sanchez v Rigos
GR No. L-25494, 14 June 1972
Concepcion, C.J.:
FACTS:
On April 3, 1961, plaintiff Nicolas Sanchez and defendant Severina Rigos executed an instrument entitled "Option to Purchase," whereby Mrs. Rigos "agreed, promised and committed ... to sell" to Sanchez the sum of P1,510.00, a parcel of land within two (2) years from said date with the understanding that said option shall be deemed "terminated and elapsed," if "Sanchez shall fail to exercise his right to buy the property" within the stipulated period. Inasmuch as several tenders of payment of the sum of Pl,510.00, made by Sanchez within said period, were rejected by Mrs. Rigos, on March 12, 1963, the former deposited said amount with the CFI of Nueva Ecija and commenced against the latter the present action, for specific performance and damages. The defendant alleged as a special defense, that the contract between the parties "is a unilateral promise to sell, and the same being unsupported by any valuable consideration, by force of the New Civil Code, is null and void". The lower court rendered judgment ordering Mrs. Rigos to accept the sum judicially consigned by him and to execute, in his favor, the requisite deed of conveyance. Hence, this appeal by Mrs. Rigos.
ISSUE:
Whether or not Rigos is bound by Sanchez’ acceptance even though the option is not supported by a separate consideration.
HELD:
Yes. The court ruled that the option did not impose upon plaintiff the obligation to purchase defendant's property. The instrument executed is not a "contract to buy and sell." It merely granted plaintiff an "option" to buy.
Article 1479 must be read in relation to Article 1354. Article 1354 applies to contracts in general, whereas the second paragraph of Article 1479 refers to "sales" in particular, and, more specifically, to "an accepted unilateral promise to buy or to sell." In other words, Article 1479 is controlling in the case at bar.
Since there may be no valid contract without a cause or consideration, the promisor is not bound by his promise and may, accordingly, withdraw it. Pending notice of its withdrawal, his accepted promise partakes, however, of the nature of an offer to sell which, if accepted, results in a perfected contract of sale. Pending notice of its withdrawal, his accepted promise partakes, however, of the nature of an offer to sell which, if accepted, results in a perfected contract of sale.
