G.R. No. 1057, March 15, 1904
ANTONIO DOMENECH, plaintiff-appellee, vs. ANASTACIO MONTES, defendant-appellant.

FACTS:
In 1892, the defendant, Anastacio Montes, sold a piece of land to the plaintiff, Antonio Domenech, under a pacto de retro or agreement to repurchase. The contract stipulated that the defendant could repurchase the land within one year from its date. It further provided that if the period lapsed without the right of redemption being exercised, the sale would become absolute and irrevocable. The defendant did not repurchase the property within the stipulated one-year period. In the subsequent action for recovery of possession filed by the plaintiff, the defendant alleged that he had already repaid the purchase price of 168 pesos. The trial court found as a fact that the defendant had not paid the plaintiff the sum of 168 pesos or any part thereof.

ISSUE:
Whether the plaintiff is entitled to recover possession of the land, given the defendant’s failure to repurchase it within the agreed one-year period.

RULING:
Yes. The Supreme Court affirmed the trial court’s judgment in favor of the plaintiff. The Court held that, based on the trial court’s uncontested finding of fact that the purchase price was not repaid, the condition subsequent (the repurchase within one year) was not fulfilled. Consequently, pursuant to the express terms of the contract, the sale became absolute and irrevocable upon the expiration of the one-year period without redemption. The fee simple title vested absolutely in the plaintiff, entitling him to recover possession of the property. The judgment of the lower court was affirmed, with costs against the appellant.