Tajanlangit v.

Southern Motors
GR L-10789

Facts: The petitioner bought 2 tractors and a thresher for 25K from the respondent on the condition to
pay the said property in an instalment basis.

However the petitioner failed to pay the purchase price, and subsequently the respondent filed a case
and levied the execution on the said property sold, and subsequently bought the subject property in a
public auction for 10K.

The respondent obtain another writ of execution for the real properties of the petitioner, herein the
latter filed a petition contending that the obligation was already satisfied because the property sold was
returned to the respondent, and that the respondent was only limited to the proceeds of the sale.

Issue: Whether or not the vendor of a movable on instalment is limited to the proceeds of the sale.

Held: No, in the sale of movables on instalment the vendor has 3 remedies 1) Exact fulfillment of the
obligation 2) Cancellation of the sale if the buyer failed to pay 2 or more instalment and 3) To foreclose
the chattel mortgage over the good being sold if the buyer failed to pay 2 or more instalments, but this
will bar the seller from further recovery.

At the present case since the seller chooses the exact fulfilment of the obligation the seller may still
recover from the other property of the buyer.