4/14/2021 E-Library - Information At Your Fingertips: Printer Friendly THIRD DIVISION [ G.R. No. 225449, February 26, 2020 ] SPOUSES RENE LUIS GODINEZ AND SHEMAYNE GODINEZ, PETITIONERS, VS. SPOUSES ANDREW T. NORMAN AND JANET A. NORMAN, RESPONDENTS. DECISION LEONEN, J.: Generally, partial payments of the purchase price on a contract to sell should be returned to the buyer if the sale does not push through, unless forfeiture of such partial payments was stipulated. However, these partial payments may be retained and considered as rentals by the seller if the buyer was given possession or was able to use the property prior to transfer of title.[1] This is a Petition for Certiorari[2] under Rule 65 filed by spouses Rene Luis Godinez and Shemayne Godinez (the Godinez Spouses) alleging that the Court of Appeals committed grave abuse of discretion amounting to lack or excess of jurisdiction when it ordered them to reimburse the amounts paid by spouses Andrew and Janet Norman (the Norman Spouses) under a contract to sell. In a Resolution dated August 22, 2016,[3] this Court dismissed the Petition for Certiorari for being the improper remedy, and for failure to sufficiently show grave abuse of discretion on the part of the Court of Appeals. The Godinez Spouses filed a Motion for Reconsideration,[4] which was granted by this Court in its January 25, 2017 Resolution.[5] The Petition for Certiorari was, therefore, reinstated, and the Norman Spouses were required to file their Comment thereto. The Norman Spouses commented on the motion on April 3, 2017,[6] and the Godinez Spouses replied to the comment on May 3, 2017.[7] The facts derived from the proceedings a quo reveal that sometime in August 2006, the Godinez Spouses agreed to sell the leasehold rights over a housing unit at 8-A and 8-B Grouper Street, East Kalayaan, Subic Bay Freeport Zone, to the Norman Spouses for US$175,000.00.[8] On August 23, 2006, the Norman Spouses paid US$10,000.00 to the Godinez Spouses as partial payment. The parties agreed that the remaining balance would be paid within 30 working days from the payment of the US$10,000.00. After payment of this initial installment, the Norman Spouses moved their furniture and appliances into the houses, and assigned a house helper to act as their caretaker. However, the Norman Spouses eventually asked the Godinez Spouses for an extension of time to pay the remaining https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66239 1/14

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