SANCHEZ

vs. RIGOS
Nicholas Sanchez v. Severina Rigos
August 30, 1972
Concepcion, C.J.
TinTin Co

Law 103 Sales
Group 1

FACTS
On April 3, 1961, plaintiff Sanchez (buyer) and defendant Rigos (seller) executed an
Option to Purchase whereby Mrs. Rigos agreed, promised and committed to sell a
parcel of land situated in Nueva Ecija to Sanchez for P1, 510.00 within 2 years.
Option shall be deemed terminated if Sanchez shall fail to exercise his right to buy
the property within the stipulated period.
Sanchez made several tenders of payment within the said period but was rejected
by Mrs. Rigos on March 12, 1963. Sanchez deposited the amount with CFI Nueva
Ecija and asked for specific performance and damages.

Mrs. Rigos: The contract is null and void as it is a unilateral promise to sell and
unsupported by any valuable consideration as required in Art. 14791.
CFI: Consideration is presumed to exist under Art. 13542.

ISSUES/HELD:
1. WON Art. 1479 of CC applies. YES but has to be reconciled with Art. 1324.

RATIONALE
Article 1354 applies to contracts in general whereas Article 1479 refers to sales in
particular and more specifically to an accepted unilateral promise to buy or to sell. Art. 1479
requires the concurrence of condition, namely that the promise be supported by a
consideration distinct from the price. The plaintiff did not even allege the existence thereof
in his complaint.
It is not disputed that the option did not have a consideration and under Art. 1479, it
can be withdrawn even if accepted, if the same is not supported by a consideration.
HOWEVER, Art. 1479 has to be reconciled with Art. 13243 wherein the offer can no longer be
withdrawn if it is already accepted.

As decided in the case of Atkins, Kroll & Co., an option without a consideration is a
mere offer of a contract of sale which is not binding until accepted. If however, acceptance
is made before withdrawal, it constitutes a binding contract of sale even though the
option was not supported by a consideration. Since Rigos offer to sell was accepted by
Sanchez, before she could withdraw her offer, a bilateral reciprocal contract to sell and to
buy was generated.

1 A promise to buy and sell a determinate thing for a price certain is reciprocally demandable.
An accepted unilateral promise to buy or to sell a determinate thing for a price certain is
binding upon the promissor if the promise is supported by a consideration distinct from
An accepted unilateral promise to buy or to sell a determinate thing for a price certain is
binding upon the promissor if the promise is supported by a consideration distinct from
the price.
2 Although the cause is not stated in the contract, it is presumed that is exists and is lawful unless
the debtor proves the contrary.
3 When the offeror has allowed the offeree a certain period to accept, the offer may be withdrawn
at any time before acceptance by communicating such withdrawal, except when the option is
founded upon a consideration, as something paid or promised.