SPOUSES ONNIE SERRANO AND AMPARO HERRERA v.

GODOFREDO
CAGUIAT
G.R. NO. 139173 | February 28, 2007 | Sandoval-Gutierrez, J.
TOPIC- Earnest Money
DOCTRINE: Article 1482 of the Civil Code provides that "Whenever earnest
money is given in a contract of sale, it shall be considered as part of the price and
proof of the perfection of the contract." However, this article speaks of earnest
money given in a contract of sale and not in a contract to sell. When the earnest
money was given in a contract to sell, Article 1482, which speaks of a contract of
sale, does not apply. The earnest money forms part of the consideration only if the
sale is consummated upon full payment of the purchase price.

TAGAYTAY REALTY CO., INC. v. ARTURO G. GACUTAN

G.R. NO. 160033 | July 01, 2015 | Bersamin, J.
TOPIC- Payment of Interest in the Purchase of a Real Estate on Installment Basis
DOCTRINE: Vendor and vendee are legally free to stipulate for the payment of
either the cash price of a subdivision lot or its installment price. Should the vendee
opt to purchase a subdivision lot via the installment payment system, he is in effect
paying interest on the cash price, whether the fact and rate of such interest
payment is disclosed in the contract or not. A contract for the purchase and sale of
a piece of land on the installment payment system is not only quite lawful but it
also reflects a very wide spread usage or custom in our present day commercial
life.

CARLOS ALONZO and CASIMIRA ALONZO v. INTERMEDIATE

APPELLATE COURT and TECLA PADUA
G.R. NO. 72873 | May 28, 1987 | Cruz, J.
TOPIC- Legal Redemption
DOCTRINE: Written notice should be given by the vendor and not the vendees,
conformably to a similar requirement under Article 1623. The right of legal pre-
emption or redemption should be exercised within thirty days from the notice in

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writing by the prospective vendor, or by the vendors, as the case may be. The deed
of sale shall only be recorded in the Registry of Property when it is accompanied
by an affidavit of the vendor signifying that he has given written notice to all
possible redemptioners.
It is thus apparent that the Philippine legislature in Article 1623
deliberately selected a particular method of giving notice, and that notice must be
deemed exclusive. Notice given by the vendees and not the vendor would not toll
the running of the 30-day period.