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SPS. ALFREDO R. EDRADA AND ROSELLA L. EDRADA v. SPS. EDUARDO RAMOS AND CARMENCITA RAMOS

This case has been cited 4 times or more.

2007-07-12
GARCIA, J.
While the foregoing letters indicate the amount of P300,000.00 as down payment, they are, however, completely silent as to how the succeeding installment payments shall be made. At most, the letters merely acknowledge that the down payment of P300,000.00 was agreed upon by the parties. However, this fact cannot lead to the conclusion that a contract of sale had been perfected. Quite recently, this Court held that before a valid and binding contract of sale can exist, the manner of payment of the purchase price must first be established since the agreement on the manner of payment goes into the price such that a disagreement on the manner of payment is tantamount to a failure to agree on the price.[6]
2002-04-11
DE LEON, JR., J.
Respondents elevated the OP Decision to the Court of Appeals on a petition for review under Rule 43 of the Rules of Civil Procedure.[28] Before the petition was resolved, or on  December 2, 1999, Nelita Bacaling manifested to the appellate court that she was revoking the irrevocable power of attorney in favor of Jose Juan Tong and that she was admitting the status of respondents as her tenants of the one hundred ten (110) sub-lots which allegedly were agricultural in character.  The manifestation was however characterized by an obvious streak of ambivalence when her prayer therein urged the Court of Appeals to decide the case, curiously, "on the basis of the clear intent of Private Respondent" and "in accordance with the perception of this Honorable Court."[29]
2002-02-05
PARDO, J.
IN VIEW WHEREOF, we GRANT the petition.  We REVERSE the decision of the Court of Appeals[20] and the order of the trial court[21] dismissing the case. We remand the case to the Regional Trial Court, Branch 93, Quezon City, for further proceedings.