Yuvienco vs.

Dacuycuy
FACTS:
Atty. Gamboa sent a letter to Yao King Ong stating the willingness to sell the land to latter. Yao King
Ong replied by telegram with the following words “we agree to buy proceed to Tacloban to negotiate
details”. Yao King Ong filed a suit for specific performance against the petitioners. Petitioners contended
that the contract of sale is unenforceable under the Statute of Frauds and there was no absolute acceptance
made by the respondents. Hence, there was no perfected contract of sale.

ISSUE:
WON there was a perfected contract of sale?

HELD:
The court ruled that the acceptance was not absolute under Article 1319 of the Civil Code. In this case,
the respondents only said that they are open to negotiate which is opposite to the idea that an agreement
had been reached. Therefore, there was no perfected contract of sale.

YUVIENCO V. DACUYCUY (May 27, 1981)

FACTS:
Petitioners own a property in Tacloban City which they intend to sell for 6.5M. They gave the
respondents the right to purchase the property nut only until July 31, 1978. Respondents replied that they
agree to buy the property and they will negotiate for details. Petitioner sent another telegram informing
respondents that their proposal is accepted and a contract will be prepared.
Lawyer of defendant, Mr.Gamboa, arrived bringing a contact with an altered mode of payment which
says that the balance payment should be paid withing 30 days instead of the former 90 days. (Otiginal
terms: 2M payment upon execution. 4.5M after 90 days)

ISSUE:
WON there was already a perfected contract of sale between the parties.

HELD:
There was no perfected contract of sale yet because both parties are still under negotiation and hence, no
meeting of the minds. Mr.Gamboa even went to the respondents to negotiate for the sale. Even though
there was an agreement on the terms of payment, there was no absolute acceptance because respondents
still insisted on further details.
With regard to the alleged violation of terms of payment, there was no written document to prove that the
respondents agreed to pay not in cash but in installment. In sale of real property, payment of installment
must be in requisite of a note under the statute of frauds.

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