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Dignos v.

CA
Facts:
The Dignos spouses owned a parcel of land, which was sold to plaintiffappellant Jabil for the sum of P28,000 payable in two installments.
Meanwhile,the Dignos spouses sold the same land to Cabigas
spouses. As the Dignosspouses refused to accept the second
payment and upon discovery of thesecond sale, Jabil brought this
suit.Petitioners contend that the Deed of Sale is a mere contract to sell and
not anabsolute sale; that the same is subject to two positive
conditions. It is
furtherc o n t e n d e d t h a t i n s a i d c on t r a c t , t i t l e or o wn e r s h i p o v e r
t h e p r o p e r t y wa s expressly reserved in the vendor until
the suspensive condition of full andpunctual payment of the
balance of the purchase price shall have been met. Thus, there is no
actual sale until full payment is made.
Issue
: WON the contract is a Deed of Absolute Sale or a Contract to Sell.
Ruling
: The contract is a Deed of Absolute Sale. A Deed of Sale is absolute
innature although denominated as a Deed of Conditional Sale where
nowhere inthe contract in question is a proviso or stipulation to the effect
that title to theproperty sold is reserved in the vendor until full payment of
the purchase price,nor is there a stipulation giving the vendor the right to
unilaterally rescind thecontract the moment the vendee fails to pay within
a fixed period