Peoples Homesite & Housing Corp.

v CA
G.R. No. L-61623, December 26, 1984
Aquino, J.:
Doctrine: There is no perfected sale of a subdivision lot where award thereof was expressly made
subject to approval by higher authorities and there was no acceptance manifested by the supposed
awardee.
Facts
Peoples Homesite & housing Corporation bound itself to sell the Mendoza souses Lot 4 of the revised
consolidation subdivision plan with an area of 2,608.7 square meters located at Diliman, Quezon City.
The PHHC board of directors passed resolution No. 513 wherein it stated that the award shall be subject
to the approval of the OEC (PHHC) Valuation Committee and higher authorities. The revised plan was
approved by the city council on Feb. 24, 1964.
On April 26, 1965 the PHHC board of directors passed a resolution recalling all awards of lots to persons
who failed to pay the deposit or downpayment for the lots awarded to them. The Mendozas being one
of them, had their tentative award withdrawn and re-awarded.
Hence the action for specific performance.
Issue
Was there a perfected sale of Lot 4 with which the Mendozas can enforce an action for specific
performance?
Held
No, Since Lot 4 was conditionally or contingently awarded to the Mendozas subject to the approval by
the city council and the approval of the award by the valuation committee and higher authorities, The
Mendozas should have manifested in writing their acceptance of the award for the purchase of Lot 4 .
Their failure to do so means that there is no meeting of minds.