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    AGUNOY - Pacto de Retro

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    Marianne Agunoy
    The document discusses Pacto de Retro sale, which is a type of sale that automatically transfers legal title to the buyer (vendee) with the stipulation that the seller (vendor) has the right to repurchase the property within an agreed period. If the vendor fails to repurchase the property, absolute title vests with the vendee. Generally, the right to register the land rests with the vendee, as legal title passes to them upon sale. However, the vendor may also register their right to repurchase. Additionally, Section 14 of the Property Registration law allows the vendor to file an application for original registration, based on their right to repurchase the land within a certain period. Once the vendor fails to

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    AGUNOY - Pacto de Retro

    Uploaded by

    Marianne Agunoy
    40 views2 pages
    The document discusses Pacto de Retro sale, which is a type of sale that automatically transfers legal title to the buyer (vendee) with the stipulation that the seller (vendor) has the right to repurchase the property within an agreed period. If the vendor fails to repurchase the property, absolute title vests with the vendee. Generally, the right to register the land rests with the vendee, as legal title passes to them upon sale. However, the vendor may also register their right to repurchase. Additionally, Section 14 of the Property Registration law allows the vendor to file an application for original registration, based on their right to repurchase the land within a certain period. Once the vendor fails to

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    Land titles hw

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    The document discusses Pacto de Retro sale, which is a type of sale that automatically transfers legal title to the buyer (vendee) with the stipulation that the seller (vendor) has the right to repurchase the property within an agreed period. If the vendor fails to repurchase the property, absolute title vests with the vendee. Generally, the right to register the land rests with the vendee, as legal title passes to them upon sale. However, the vendor may also register their right to repurchase. Additionally, Section 14 of the Property Registration law allows the vendor to file an application for original registration, based on their right to repurchase the land within a certain period. Once the vendor fails to

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    40 views2 pages

    AGUNOY - Pacto de Retro

    Uploaded by

    Marianne Agunoy
    The document discusses Pacto de Retro sale, which is a type of sale that automatically transfers legal title to the buyer (vendee) with the stipulation that the seller (vendor) has the right to repurchase the property within an agreed period. If the vendor fails to repurchase the property, absolute title vests with the vendee. Generally, the right to register the land rests with the vendee, as legal title passes to them upon sale. However, the vendor may also register their right to repurchase. Additionally, Section 14 of the Property Registration law allows the vendor to file an application for original registration, based on their right to repurchase the land within a certain period. Once the vendor fails to

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    AGUNOY, Marianne Carmel B.

    2C Land Titles
    Pacto de Retro sale or simply sale with the right to repurchase is a type of
    sale that automatically transfers the legal title to the vendee a retro with the
    stipulation that vendor shall have the right to buy back or redeem the property
    within an agreed period. Failure of the vendor to repurchase the property vests
    upon the vendor by operation of law the absolute title and ownership over the
    property sold. 1
    Generally, the right to register rests in the vendee. The right of the vendee stems
    from the fact that upon entering the contract of sale, the legal title automatically
    transfers to him, subject to the resolutory condition of redemption. Pending the
    repurchase of the property, the vendee may alienate, mortgage or encumber the
    same but such alienation is as revocable as his right. 2 The legal title of the vendee
    gives him the right to register the land under his name but the vendor may also
    register his right to repurchase with the LRA. 3
    On the other hand, title Sec.14 of the Property Registration says that the
    vendor a retro may also file an application for the original registration of the land. 4

    1Cruzvs.Leis,327SCRA570(2000).
    2 Vda. De Rigonan v. Derecho, 463 SCRA 627 (2005).
    3 OSWALDO D. AGACOILI, PROPERTY REGISTRATION DECREE AND OTHER LAWS 61 (2015).

    4AmendingandCodifyingtheLawsRelativetoRegistrationofPropertyandforOtherPurposes
    [PropertyRegistrationDecree],PresidentialDecreeNo.1529,14(1978).

    The right to register the land given to the vendor a retro is premised on the fact that
    he has a certain period to repurchase the land sold and thus, he still has a legal right
    to regain ownership conditioned on his payment of the sale price and other
    expenses provided for in art.1616. However, the right given to the vendor a retro is
    qualified by the same provision. Once the vendor fails to repurchase the property
    and the ownership has been judicially consolidated to the vendee a retro, the
    vendor should be substituted by the vendee and it is the latter who has the right to
    continue the proceedings.

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