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DOMINGUEZ, Jeah Maureen P

Block 2c - Land Titles Class


August 27, 2015
PACTO DE RETRO SALE
In a sale with pacto de retro, the title and ownership of a certain
property immediately vests upon the vendee a retro, subject to the vendor
a retros right to repurchase the said property.1
WHO MAY APPLY
In a pacto de retro sale of land, the legal title vests upon the vendee a retro
immediately after the sale. Thus, the vendee a retro may apply for the
registration of the said land under his name with annotations that the land
has been garnered through a pacto de retro sale. The vendors right to
repurchase now becomes a resolutory condition. In the absence of
repurchase, the absolute title and ownership of the land vests upon the
vendee a retro by operation of law.2
The vendor may also apply for the original registration of the land,
provided, however, that should the period for redemption expire during the
pendency of the registration proceedings and ownership to the property
consolidated in the vendee a retro, the latter shall be substituted for the
applicant and may continue the proceedings.3
1 OSWALDO D. AGCAOILI, PROPERTY REGISTRATION DECREE AND RELATED LAWS
62 (3rd ed. 2015).
2 Cadungog v. Yap, G.R. No. 161223, September 12, 2005
3 Amending and Codifying the Laws Relative to Registration of Property and
for Other Purposes [Property Registration Decree], Presidential Decree
No.1529, 14 (1978).

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