Sanchez vs.

Rigos
45 SCRA 369
G.R. No. L-25494
June 14, 1972

FACTS:

Nicolas Sanchez and Severina Rigos executed an instrument, entitled “Option to Purchase,”
whereby Mrs. Rigos “agreed, promised and committed to sell” to Sanchez, for the sum of P1,510.00, a
parcel of land situated in Nueva Ecija, within 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. Sanchez made several tenders of payment but were rejected by
Mrs. Rigos. Hence, Sanchez deposited said amount with the CFI of Nueva Ecija and commenced against
the latter an action, for specific performance and damages. The lower court rendered judgment for
Sanchez, ordering Mrs. Rigos to accept the sum judicially consigned by him and to execute, in his favor,
the requisite deed of conveyance. Rigos said 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”.
Sanchez, on the other hand, alleges that by virtue of the option under consideration, “defendant agreed
and committed to sell” and “the plaintiff agreed and committed to buy” the land described in the option.

ISSUE: Whether or not the contract of sale between Mrs. Rigos and Sanchez was perfected when
Sanchez accepted the unilateral promise to sell of Mrs. Rigos.

HELD:

Yes. An accepted promise to sell is an offer to sell when accepted becomes a contract of sale.

In accepted unilateral promise to sell, 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.

In this case, the contract between parties became a perfected contract of sale upon acceptance
of Rigos of the offer within the stipulated period even though he was only initially granted an option to
buy.