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SPS. VIVENCIO BABASA AND ELENA CANTOS BABASA v. CA

This case has been cited 2 times or more.

2011-03-23
LEONARDO-DE CASTRO, J.
In the past, this Court has distinguished between a condition imposed on the perfection of a contract and a condition imposed merely on the performance of an obligation. While failure to comply with the first condition results in the failure of a contract, failure to comply with the second merely gives the other party the option to either refuse to proceed with the sale or to waive the condition.[61] This principle is evident in Article 1545 of the Civil Code on sales, which provides in part: Art. 1545. Where the obligation of either party to a contract of sale is subject to any condition which is not performed, such party may refuse to proceed with the contract or he may waive performance of the condition x x x.
2000-06-19
BELLOSILLO, J.
In Babasa v. Court of Appeals[8] we distinguished between a condition imposed on the perfection of a contract and a condition imposed merely on the performance of an obligation. While failure to comply with the first condition results in the failure of a contract, failure to comply with the second merely gives the other party options and/or remedies to protect his interests.